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CIIARTEE 


AND 


OF  THE 


CITY  OF  CAIRO, 

WITH  AN 

* 

APPENDIX  CONTAINING  TIIE  GENERAL  STATE  LAWS 
APPLICABLE  TO  ALL  TOWNS  AND  CITIES,  &o. . 


REVISED  BY 

O’MELYENT  &  HOUCK, 

ATTORNEYS  AT  LAW, 

UNDER  DIRECTION  OF  MESSRS.  WINTER,  MORRIS  AND  MILLER, 

SPECIAL  COMMITTEE  APPOINTED  EY  THE  CITY  COUNCIL. 


PRINTED  AND  PUBLISHED  BY  AUTHORITY. 

- »  » - - - . 


CAIRO,  ILL.  : 

PRINTED  BY  CULVER,  PAGE  &  HOYNE,  CHICAGO,  ILL. 

1866. 


> 


1 


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/ 

V 


TABLE  OF  CONTENTS. 

- ^  i  » - 


PART  I.— CHARTER. 


ARTICLE  I. — City  and  Ward  Boundaries. 

II. — Of  the  City  Council  and  City  Officers. 

III.  — Of  the  Chief  Executive  and  other  Officers. 

IV.  — Elections. 

Y. — Legislative  Power  of  the  City  Council. 
VI. — Collection  of  Taxes  and  Assessments. 

VII. — Miscellaneous  Provisions,  Amendments. 


a 

u 

a 

u 

u 

u 


PART  II.— ORDINANCE  NO.  I. 

CHAPTER  I. — City  Council. 

-City  Officers. 

-Compensation  of  City  Officers. 
Elections. 

•Fires. 

-Grades. 

-Harbor. 

-Jail  and  Jailor. 

-Licences. 

-Markets. 

-Nuisances. 

-Police  Regulations.  - 
-Preservation  of  Public  Health. 
-Public  Works. 

-Revenue. 


a 

II, 

a 

III, 

a 

IV.- 

a 

v. 

u 

VI, 

a 

VII, 

u 

VIII, 

a 

IX, 

a 

X, 

a 

XI, 

u 

XII, 

a 

'  XIII, 

il 

XIV, 

ii 

XV. 

Oh 


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4 


4 


TABLE  OF  CONTENTS. 


CHAPTER  XVI. — Rules  of  Procedure  for  the  Recovery 

of  Fines  and  Penalties. 


« 

XVII.- 

—Seal. 

u 

XVIII.- 

—Streets  and  Supervisors. 

(i 

XIX.- 

—Sidewalks. 

u 

XX.- 

—Saving  Clause. 

PART  III.— APPENDIX. 


PART  IV.— INDEX. 


PART  FIRST 


OZEI-^IE^TIEIR,- 


ARTICLE  I. 

City  and  Ward  Boundaries. 

Section —  Section— 

1.  Boundaries  of  tho  City.  3,  Boundaries  of  Third  Ward. 

2.  Name;  Corporate  Powers.  4,  Boundaries  of  Fourth  Ward. 

3.  Wards  :  1,  Boundaries  of  First  Ward.  4.  Boundaries  of  Wards;  liow  altered  ; 

2,  Boundaries  of  Sec’d  Ward.  how  new  Wards  may  be  created. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in 
the  General  Assembly : 

Section  1.  That  the  district  of  country  in  the  county  of  Alex¬ 
ander,  and  State  of  Illinois,  in  township  seventeen  (17)  south, 
range  one  (1)  west  of  the  third  principal  meridian,  embraced 
within  the  limits  of  the  city  of  Cairo  and  of  the  first  addition  to 
the  city  of  Cairo,  as  the  same  are  laid  out,  platted  and  recorded  by 
Messrs.  Thomas  S.  Taylor  and  Charles  Davis,  trustees  of  Cairo  city 
property  ;  and  also  the  district  lying  and  being  between  the  districts 
covered  by  said  recorded  plats  and  the  middle  of  the  main  channels 
of  the  Ohio  and  Mississippi  rivers,  be  and  the  same  are  hereby 
erected  into  a  city,  by  the  name  of  the  u  City  of  Cairo.” 

Sec.  2.  The  inhabitants  of  said  city  shall  be  and  they  are 
hereby  constituted  a  body  politic  and  corporate,  by  the  name  and 
style  of  the  “  City  of  Cairo,”  and  by  that  name  shall  have  perpetual 
succession ;  and  may  have  and  use  a  common  seal,  which  they  may 
change  and  alter  at  pleasure.  The  inhabitants  of  said  city,  by  the 


6 


CHARTER. 

name  and  style  aforesaid,  shall  have  power  to  sue  and  be  sued,  to 
plead  and  be  impleaded,  defend  and  be  defended,  in  all  courts  of 
law  and  equity,  and  in  all  actions  whatsoever ;  to  take,  purchase 
and  hold  property,  real  and  personal,  within  or  without  the  limits 
of  said  city,  for  the  use  of  the  inhabitants  thereof;  and  to  sell, 
lease,  convey  and  dispose  of  property,  real  and  personal,  for  the 
benefit  of  the  city ;  and  to  improve  and  to  protect  such  property 
and  to  do  all  other  things  in  relation  thereto  as  natural  persons. 

Sec.  3.  The  city  of  Cairo  shall  be  and  is  hereby  divided  into 
four  wards,  as  follows  : 

First. — All  that  part  of  the  city  which  lies  south  and  east  of  the 
centre  line  of  West  Seventh  street,  and  south  and  east  of  that  line 
produced  to  the  middle  of  the  main  channel  of  the  Mississippi 
river,  and  south  and  east  of  the  centre  line  of  Seventh  street,  and 
south  and  east  of  that  line  produced  to  the  middle  of  the  main 
channel  of  the  Ohio  river,  shall  be  and  is  hereby  established  as, 
and  denominated  the  u  First  Ward/7 

Second. — All  that  part  of  the  city  which  lies  between  the  First 
Ward,  as  herein  and  hereby  established,  and  the  centre  line  of 
Twelfth  street,  and  that  line  produced  to  the  middle  of  the  main 
channel  of  the  Ohio  river,  shall  be  and  is  hereby  denominated  the 
u  Second  Ward.” 

Third. — All  that  part  of  the  city  which  lies  between  the  Second 
Ward,  as  herein  and  hereby  established,  and  the  centre  line  of 
Seventeenth  street,  and  that  line  produced  to  the  middle  of  the 
main  channel  of  the  Ohio  river,  shall  be  and  is  hereby  established 
as,  and  denominated  the  u  Third  W ard.” 

Fourth. — All  that  part  of  the  city  which  lies  between  the  Third 
Ward,  as  herein  and  hereby  established,  and  the  centre  line  of 
Thirty-fourth  street,  and  that  line  produced  to  the  middle  of  the 
main  channel  of  the  Ohio  river,  shall  be  and  is  hereby  established 
as,  and  denominated  the  u  Fourth  Ward.” 

Sec.  4.  The  City  Council  shall  have  the  power  to  alter  the 
boundaries  of  the  wards  of  the  city,  and  may  create  additional 
wards  and  fix  the  boundaries  thereof,  as  they  may  see  fit — in  these 
changes  regard  being  had  to  the  number  of  white  inhabitants,  so 


CHARTER. 


7 


that  each  ward  shall  contain,  as  near  as  may  be,  the  same  number 
of  white  inhabitants. 


ARTICLE  II. 

Of  the  City  Council  and  Officers 


Section — 

1.  City  Council,  what  shall  be. 

2.  What  Board  of  Aldermen  ;  Term  of 

Office. 

3.  Who  qualified  for  Election  as  Aider- 

man. 

4.  In  case  of  removal  from  his  Ward. 

5.  Aldermen  to  be  divided  into  two 

classes;  how. 

6.  Who  judge  of  qualifications  of  mem¬ 

bers  ;  Contested  Elections,  how 
determined. 

7.  Quorum,  what  shall  constitute. 

8.  Rules  of  Proceedings ;  disorderly 

conduct  and  expulsion  of  Members. 


Section — 

9.  Journal  of  Proceedings;  Publication, 
when  to  be  made  and  how ;  “Ayes” 
and  “  Nays.” 

10.  Aldermen  not  qualified  for  offices 

created  qr  emoluments  of  which 
increased  during  their  term. 

11.  Vacancies,  how  filled. 

12.  Oath  of  Office. 

13.  Tie  at  Election ;  who  shall  determine 

and  how. 

14.  Number  of  Meetings ;  how  Special 

Meetings  may  be  called. 


Section  1.  There  shall  be  a  City  Council,  to  consist  of  a  Mayor 
and  Board  of  Aldermen. 

Sec.  2.  The  board  of  aldermen  shall  consist  of  twelve  members, 
to  be  elected  as  hereinafter  provided  and  to  hold  their  offices  for 
two  years  and  until  the  election  and  qualification  of  their  successors. 

Sec.  3.  No  person  shall  be  an  alderman  unless,  at  the  time  of 
his  election,  he  shall  have  resided  six  months  within  the  limits  of 
the  city,  and  for  ten  days  in  the  ward  for  which  he  shall  be  elected, 
and  shall  be,  at  the  time  of  his  election,  twenty-one  years  of  age,  a 
freeholder  in  said  city,  and  a  citizen  of  the  United  States. 

Sec.  4.  If  any  alderman  shall,  after  his  election,  remove  from 
the  ward  for  which  he  is  elected,  or  shall  cease  to  be  a  freeholder 
in  said  city,  his  office  shall  be  thereby  vacated. 

Sec.  5.  At  the  first  meeting  of  the  city  council,  the  aldermen 
shall  be  divided,  by  lot,  into  two  classes.  The  seats  of  those  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first  year,  and  of 
those  of  the  second  class  at  the  expiration  of  the  second  year ;  so 


8 


CHARTER. 


that  half  of  the  board  shall  be  elected  annually,  and  one  of  these 
from  each  ward. 

Sec.  6.  The  city  council  shall  judge  of  the  qualifications,  elec¬ 
tions  and  returns  of  its  members,  and  shall  determine  all  contested 
elections. 

Sec.  7.  A  majority  of  the  city  council  shall  constitute  a  quorum 
to  do  business ;  but  a  smaller  number  may  adjourn,  from  day  to 
day,  and  compel  the  attendance  of  absent  members,  under  such 
penalties  as  may  be  prescribed  by  ordinance. 

Sec.  8.  The  city  council  shall  have  power  to  determine  the 
rule  of  its  proceedings,  punish  its  members  for  disorderly  conduct, 
and,  with  the  concurrence  of  two-tliirds  of  the  members  elected, 
expel  a  member ;  but,  if  such  alderman  be  re-elected  to  fill  the 
vacancy  occasioned  by  his  expulsion,  he  shall  not  be  again  expelled 
for  the  same  offense. 

Sec.  9.  The  city  council  shall  keep  a  journal  of  its  proceedings, 
and  publish  the  journal  of  the  proceedings  of  each  meeting,  within 
one  week  after  the  holding  of  the  same ;  which  publication  shall  be 
made  by  printing  in  some  newspaper  in  said  city  having  the  largest 
circulation  therein,  or  by  posting  written  or  printed  copies  of  the 
said  journal,  for  one  week,  in  four  of  the  most  public  places  in  said 
city.  The  “  ayes  ”  and  “  nays,”  when  demanded  by  any  member 
present,  shall  be  entered  on  the  journal  of  proceedings. 

Sec.  10.  No  alderman  shall  be  appointed  to  any  office  under 
the  authority  of  the  city,  which  shall  have  been  created,  or  the 
emoluments  of  which  shall  have  been  increased  during  the  time 
for  which  he  shall  have  been  elected. 

Sec.  11.  All  vacancies  that  shall  occur  in  the  board  of  aldermen, 
shall  be  filled  by  a  new  election,  to  be  provided  for  by  ordinance. 

Sec.  12.  The  mayor  and  each  alderman,  before  entering  upon 
the  duties  of  their  respective  offices,  shall  take  and  subscribe  an 
oath  that  they  will  support  the  Constitution  of  the  United  States, 
and  of  this  State,  and  that  they  will  well  and  truly  perform  the 
duties  of  their  office,  to  the  best  of  their  skill  and  abilities. 

Sec.  13.  Whenever  there  shall  be  a  tie  in  the  election  of  aider- 
men,  the  judges  of  election  shall  certify  the  same  to  the  mayor, 


CHARTER.  9 

who  shall  determine  the  same  by  lot,  in  the  presence  of  the  board 
of  aldermen,  or  in  such  manner  as  shall  be  provided  by  ordinance. 

Sec.  14.  There  shall  be  twelve  stated  meetings  of  the  city 
council  in  each  year,  at  such  times  and  places  as  may  be  prescribed 
by  ordinance,  and  the  mayor  or  any  two  aldermen  may  call  special 
meetings,  by  giving  written  notices  to  each  of  the  members  of  the 
council,  served  personally  or  left  at  their  usual  places  of  abode. 


ARTICLE  III. 


Of  the  Chief  Executive  and  other  Offices. 


Section — 

1.  Mayor;  Term  of  Office. 

2.  WTho  Eligible. 

3.  In  case  of  his  removal  from  City,  &c; 

Office  vacated. 

4.  When  same  number  of  votes  for 

Mayor  determine  by  lot. 

5.  In  case  Election  is  contested. 

0.  Vacancy,  how  filled. 

7.  Oath  of  Office  ;  Duties  ;  Salary,  Ac. 

8.  City  Clerk,  City  Treasurer,  City 

Marshal,  City  Attorney  and  City- 
Engineer,  and  their  duties ;  other 
Officers  ;  Bond  of  Office. 

9.  City  Clerk,  City  Attorney,  City  Mar¬ 

shal,  City  Engineer  and  City  Treas¬ 
urer,  how  appointed ;  may  be 
Elected. 


Section- 

10.  City  Clerk,  his  duties. 

11.  City  Attorney,  his  duties. 

12.  City  Treasurer,  his  duties. 

13.  City  Marshal,  his  powers,  his  duties. 

14.  City  Engineer,  his  duties. 

15.  Where  Mayor  and  other  Officers  shall 

reside;  in  case  of  removal  from 
city. 

16.  Absence  or  death  of  Mayor. 

17.  In  case  of  non-attendance  of  Mayor 

at  meeting  of  Aldermen;  who 
shall  preside. 

18.  Ilis  powers  to  demand  books  and 

papers. 

19.  In  case  Mayor  is  guilty  of  non  or 

malfeasance  in  office. 

20.  Who  eligible  for  office  in  City. 


Section  1.  The  chief  executive  officer  of  the  city,  shall  be  a 
mayor,  who  shall  be  elected  by  the  qualified  voters  under  this  act, 
and  shall  hold  his  office  for  one  year,  and  until  his  successor  shall 
be  elected  and  qualified. 

Sec.  2,  No  person  shall  be  eligible  to  the  office  of  mayor,  who 
shall  not  have  been  a  resident  of  the  city  for  one  year  next  pre¬ 
ceding  his  election,  or  who  shall  be  under  twenty-one  years  of  age, 
or  who  shall  not,  at  the  time  of  his  election,  be  a  citizen  of  the 
United  States  and  a  freeholder  in  said  city. 

Sec.  3.  If  any  mayor  shall,  during  the  time  for  wrhich  he  shall 

2 


10 


CHARTER. 


have  been  elected,  remove  from  the  city,  or  shall  cease  to  be  a  free¬ 
holder  in  said  city,  his  office  shall  be  thereby  vacated. 

Sec.  4.  When  two  or  more  persons  shall  have  an  equal  number 
of  votes  for  mayor,  the  judges  of  election  shall  certify  the  same  to 
the  city  council,  who  shall  proceed  to  determine  the  same  by  lot,  in 
such  manner  as  may  be  provided  by  ordinance. 

Sec.  5.  Whenever  an  election  for  mayor  shall  be  contested,  the 
city  council  shall  determine  the  same  in  such  manner  as  may  be 
prescribed  by  ordinance. 

Sec.  6.  Whenever  any  vacancy  shall  happen  in  the  office  of 
mayor,  it  shall  be  filled  by  election  to  be  provided  for  by  ordinance. 

Sec.  7.  The  mayor  shall,  before  he  enters  on  the  duties  of  his 
office,  in  addition  to  the  usual  oath,  swear  or  affirm :  “  That  he  will 
devote  so  much  of  his  time  to  the  duties  of  his  office,  as  an  efficient 
and  faithful  discharge  thereof  may  require.”  He  shall  preside  over 
the  meetings  of  the  city  council,  and  shall  take  care  that  the  laws 
of  the  State  and  ordinances  of  the  city  are  duly  enforced,  respected 
and  observed  within  the  limits  of  the  city,  and  that  the  other  officers 
of  the  city  discharge  their  respective  duties.  He  shall  from  time 
to  time,  give  to  the  city  council  information  relative  to  the  state  of 
the  city,  and  shall  recommend  to  their  consideration  such  measures 
as  he  shall  deem  expedient  for  the  advantage  of  the  city.  He  shall 
receive  such  salary  as  may  be  fixed  by  ordinance,  not  exceeding  five 
hundred  dollars,  and  shall  countersign  all  warrants  or  orders  for  the 
payment  of  money,  drawn  on  the  city  treasurer,  in  pursuance  of 
any  city  ordinance. 

Sec.  8.  There  shall  be  a  city  clerk,  city  treasurer,  city  marshal, 
city  attorney  and  city  engineer ;  who,  in  addition  to  the  duties 
prescribed  by  this  act,  shall  perform  such  other  duties  as  may  be 
prescribed  by  ordinance.  There  shall  also  be  such  other  officers, 
servants  and  agents  of  the  corporation  as  may  be  provided  by  ordi¬ 
nance,  to  be  appointed  by  the  mayor,  by  and  with  the  advice  and 
consent  of  a  majority  of  the  city  council,  and  to  perform  such  duties 
as  may  be  prescribed  by  ordinance.  Such  bonds  to  be  given  by 
these  and  all  other  officers,  as  the  city  council  may  direct. 

Sec.  9.  The  city  clerk,  city  attorney,  city  marshal,  city  engineer 


CHARTER. 


11 


and  city  treasurer,  shall  be  appointed  by  the  city  council,  and  they 
shall  hold  their  offices  for  one  year,  and  until  their  successors  are 
duly  elected  and  qualified  :  Provided ,  the  city  council  may  provide 
for  the  election  of  all  or  any  of  them  by  the  qualified  voters  under 
this  act. 

Sec.  10.  The  city  clerk  shall  keep  the  corporate  seal,  and  all 
records,  papers  and  books  of  the  city,  not  properly  belonging  to  any 
other  office.  He  shall  attend  all  meetings  of  the  city  council,  and 
keep  a  full  record  of  their  proceedings,  and  shall  cause  the  same 
and  all  ordinances  to  be  published,  as  required  by  law.  He  shall, 
likewise,  draw  all  warrants  on  the  treasurer,  in  pursuance  of  any 
ordinance  of  the  city  council. 

Sec.  11.  The  city  attorney  shall  attend  to  and  perform  all 
professional  services  incident  to  his  office;  and,  when  required, 
shall  furnish  written  opinions  upon  questions  and  subjects  submit¬ 
ted  to  him  by  the  mayor  or  the  city  council,  or  its  committees  : 
Provided ,  however,  that  the  office  of  city  clerk  and  city  attorney 
may  be  vested  in  the  same  person. 

Sec.  12.  The  city  treasurer  shall  receive  and  keep  the  money 
of  the  city,  and  pay  out  the  same  on  warrants  drawn  in  pursuance 
of  city  ordinances,  and  shall  keep  his  accounts  of  receipts  and 
expenditures  in  such  a  manner  as  to  show  the  exact  state  of  the 
accounts  of  the  city ;  which  accounts  shall  always  be  open  to 
inspection  and  examination  by  the  mayor  or  any  member  of  the 
city  council. 

Sec.  13.  The  city  marshal  shall  perform  such  duties  as  shall  be 
prescribed  by  the  city  council  for  the  preservation  of  the  public 
peace,  the  collection  of  license  moneys,  fines  and  forfeitures.  He 
shall  possess  the  power  and  authority  of  a  constable  by  common 
law  or  the  statutes  of  the  State,  and  receive  like  fees :  Provided , 
that  for  services  rendered  under  any  city  ordinance,  he  may  be 
allowed  by  ordinance  double  the  fees  of  constables. 

Sec.  14.  It  shall  be  the  duty  of  the  city  engineer  to  superin¬ 
tend  the  construction  of  all  public  works  ordered  by  the  city,  to 
make  out  plans  and  estimates  therefor,  and  to  contract  for  the  execu¬ 
tion  of  the  same,  and  to  perform  all  surveying  and  engineering 


12 


CHARTER. 


ordered  by  the  city  :  Provided ,  however,  such  plans  and  contracts 
shall  he  first  approved  by  the  city  council,  or  they  should  not  be 
valid. 

Sec.  15.  The  mayor,  and  all  other  officers  of  the  corporation, 
shall  reside  within  the  limits  of  the  city  during  their  continuance  in 
office )  and  if  the  mayor  of  the  corporation  shall  cease  to  reside 
within  the  limits  of  the  city,  his  office  shall  be  thereby  vacated. 

Sec.  16.  Whenever  the  mayor  shall  absent  himself  from  the 
city,  or  shall  resign  or  die,  or  his  office  shall  be  otherwise  vacated, 
the  board  of  aldermen  shall  immediately  proceed  to  elect  one  of 
their  number  president,  who  shall  be  the  mayor,  pro  tem. 

Sec.  17.  In  case  of  non-attendance  of  the  mayor  at  any  meet¬ 
ing,  the  board  of  aldermen  shall  appoint  one  of  their  own  members 
chairman,  who  shall  preside  at  that  meeting. 

Sec.  18.  He  shall  have  power,  whenever  he  may  deem  it  neces¬ 
sary,  to  require  of  any  of  the  officers  of  the  said  city,  an  exhibit  of 
his  books  and  papers. 

Sec.  19.  In  case  the  mayor  shall,  at  any  time,  be  guilty  of 
palpable  omission  of  duty,  or  shall  wilfully  and  corruptly  be  guilty 
of  oppression,  malconduct,  or  partiality  in  the  discharge  of  the 
duties  of  his  office,  he  shall,  in  addition  to  the  penalties  already 
imposed  by  law  for  like  offenses,  be  liable  to  be  indicted  in  the  court 
of  common  pleas  of  the  city  of  Cairo,  and,  on  conviction,  he  shall 
be  fined  not  more  than  one  hundred  dollars )  and  the  court  shall 
have  the  power,  on  recommendation  of  the  jury,  to  add  to  the 
judgment  of  the  court  that  he  be  removed  from  office. 

Sec.  20.  No  person  shall  be  eligible  to  any  office  in  said  city, 
who  is  now  or  may  hereafter  be  a  defaulter  to  said  city  or  to  the 
State  of  Illinois,  or  to  any  other  city  or  county  thereof;  and  any 
person  shall  be  considered  a  defaulter  who  has  refused  or  neglected, 
or  may  hereafter  refuse  or  neglect,  for  thirty  days  after  demand 
made,  to  account  for  and  pay  over  to  the  party  authorized  to  receive 
the  same,  any  public  money  which  may  have  come  into  his  posses¬ 
sion  by  virtue  of  his  office ;  and  if  any  person  holding  any  such 
office  or  place  within  the  city,  shall  become  a  defaulter  whilst  in 
office,  the  office  ftr  place  shall  thereupon  become  vacant. 


CHARTER. 


13 


ARTICLE  IY 

Elections. 


Section — 


Section — 


1.  Mayor  and  Aldermen  to  be  elected : 
liow  Aldermen  shall  be  divided. 


3.  Board  of  Trustees  to  apportion  Aider' 
men  ;  in  case  they  fail  to  do  so. 


2.  P.  Corcoran,  Bryan  Shannessy  and 
Robert  E.  Yost  to  take  Census ; 
Oath. 


6.  State  laws  applicable  to  City  Elec¬ 
tions  as  near  as  possible,  but 
Judges  of  Election  to  be  appointed 
by  Council ;  Council  to  declare  the 
result  of  the  Election;  Clerk  to 
notify  those  elected ;  when  to  be 
qualified;  in  case  of  failure. 


7.  Who  shall  vote. 


4.  First  Election,  how  held ;  first  meet¬ 
ing  of  Aldermen,  &c. 


8.  No  Election  to  be  held  in  grog-shop. 


5.  Subsequent  Election,  how  to  be  held. 


9.  No  person  to  be  arrested  on  civil 
process  on  Election  day;  Illegal 
Toting,  how  punished. 


Section  1.  There  shall  be  a  mayor  and  twelve  aldermen  elected 
by  the  qualified  voters  of  said  city,  under  this  act  •  said  aldermen 
to  be  apportioned  among  the  several  wards  according  to  the  number 
of  white  inhabitants  in  each  -  said  number  to  be  ascertained  in  the 
manner  hereinafter  provided )  and  the  aldermen  for  each  ward  to 
be  chosen  within  the  same  by  the  qualified  voters  thereof. 

Sec.  2.  It  shall  be  the  duty  of  P.  Corcoran,  J.  P.,  Bryan  Shan¬ 
nessy,  J.  P.,  and  Robert  E.  Yost,  police  magistrate,  of  the  town  of 
Cairo,  or  any  one  of  them,  in  case  of  the  death,  removal  or  refusal 
to  act  of  the  others,  to  make  or  cause  to  be  made  an  enumeration  of 
the  white  inhabitants  of  each  ward,  and  to  make  a  return  of  the 
same  to  the  acting  board  of  trustees  of  the  town  of  Cairo,  within 
thirty  days  after  the  passage  of  this  act.  The  said  persons,  before 
entering  upon  the  duty  of  taking  such  enumeration,  shall  take  an 
oath  before  any  officer  qualified  by  law  to  administer  oaths,  faith¬ 
fully  and  correctly  to  take  the  same,  and  certify  and  make  return 
thereof  to  the  acting  board  of  trustees ;  said  certificate,  when 
returned,  to  be  filed  with  the  clerk  of  said  town  of  Cairo. 

Sec.  3.  It  shall  be  the  duty  of  the  board  of  trustees,  within  five 
days  after  the  return  of  the  enumeration  shall  be  made,  to  make  the 
apportionment  of  aldermen  to  the  several  wards,  according  to  the 
enumeration  of  each  ward,  and  immediately  thereupon  to  give  notice, 
provide  for  and  order  an  election  for  mayor  and  aldermen  ;  and  in 


14 


CHARTER. 


case  the  said  board  shall  fail  so  to  do,  then  it  shall  be  the  duty  of 
the  persons  herein  appointed  to  take  the  enumerations,  or  any  one 
of  them,  to  apportion  the  aldermen  and  order  an  election  as  above. 
The  persons  who  shall  take  the  enumeration,  shall  be  paid  a  reason¬ 
able  compensation  for  their  services,  to  be  allowed  by  the  council, 
and  paid  out  of  the  town  treasury. 

Sec.  4.  The  first  election  to  be  held  for  mayor  and  aldermen, 
under  this  act,  shall  be  held  in  the  same  place  as  the  last  general 
State  election,  and  shall  be  conducted  by  the  same  judges  and  in 
the  same  manner,  except  as  to  qualifications  of  voters,  as  state 
general  elections  are  now  conducted,  and  tie  votes  determined  in  the 
same  manner;  ten  days’  public  notice  to  be  given  of  said  election, 
by  posting  up  written  or  printed  notices  in  three  of  the  most  public 
places  in  said  city.  Instead  of  returns  being  made  as  for  general 
elections,  the  judges  of  the  election,  or  a  majority  of  them  shall, 
within  forty-eight  hours  after  the  closing  of  the  polls,  make  out  and 
deliver  to  those  candidates  having  the  highest  number  of  votes,  or 
those  otherwise  determined  by  the  judges  of  election  to  be  by  law 
elected,  certificates  of  their  election,  and  also  a  list  of  the  aldermen 
elected  to  the  person  elected  mayor ;  and  within  twenty-four  hours 
after  the  delivery  of  such  certificate  of  his  election  and  list  to  the 
person  elected  to  the  office  of  mayor,  he  shall  notify  the  aldermen 
to  meet  at  some  convenient  place ;  and  in  case  of  his  failure  to  do 
so  for  forty-eight  hours,  one  of  the  judges  of  election  shall  notify  the 
mayor  and  aldermen  so  to  meet.  After  a  majority  of  the  aldermen 
have  met  together,  organized  for  business  and  so  notified  the  judges 
of  election,  said  judges  shall  make  returns  of  the  election  to  the  said 

city  council.  At  this  said  first  election  the  judges  shall  provide 

* 

four  ballot  boxes,  answering  to  the  four  wards  of  the  city,  numbered 
from  one  to  four,  in  which  shall  be  deposited  the  ballots  from  each 
ward,  respectively,  according  to  the  wards  in  which  the  voters 
reside. 

Sec.  5.  All  subsequent  elections  shall  be  held  in  such  places  and 
at  such  times  and  in  such  manner  as  the  city  council  may  appoint, 
of  which  ten  days’  previous  public  notice  shall  be  given  by  the  city 
clerk,  by  written  or  printed  notices,  in  three  public  places  in  each 


CHARTER. 


15 


ward,  or  by  publication  in  the  newspaper  publishing  the  ordinances 
of  the  city. 

Sec.  6.  The  manner  of  conducting  and  voting  at  the  elections 
held  under  this  act  and  contesting  the  same,  the  keeping  the  poll 
lists,  canvassing  the  votes  and  certifying  the  returns  shall  be  the 
same,  as  nearly  as  may  be,  as  is  now  or  may  hereafter  be  provided 
by  law  at  general  state  elections  :  Provided ,  the  city  council  have 
power  to  regulate  elections,  and  the  appointment  of  the  judges 
thereof.  The  voting  shall  be  by  ballot,  and  the  judges  of  the  elec¬ 
tion  shall  take  the  same  oath  and  shall  have  the  same  powers  and 
authority  as  the  judges  of  the  general  election.  After  the  closing 
of  the  polls  the  ballots  shall  be  counted  in  the  manner  provided  by 
law,  and  the  returns  shall  be  returned,  sealed,  to  the  city  clerk, 
within  three  days  after  the  election  •  and  thereupon  the  city  council 
shall  meet  and  canvass  the  same  and  declare  the  result  of  the  elec¬ 
tion.  The  persons  having  the  highest  number  of  votes  for  any 
office  shall  be  declared  elected.  It  shall  be  the  duty  of  the  city 
clerk  to  notify  all  persons,  elected  or  appointed  to  office,  of  their 
election  or  appointment,  and  unless  such  persons  shall  qualify 
within  twenty  days  thereafter,  the  office  shall  become  vacant. 

Sec.  7.  All  white  male  residents  of  said  city,  over  the  age  of 
twenty-one  years,  shall  be  entitled  to  vote  at  all  elections  under  this 
act,  who  may  have  resided  six  months  therein,  or  who  shall  be  the 
owners  of  any  freehold  property  therein,  and  shall  have  been  actual 
residents  of  the  ward  in  which  they  propose  to  vote  for  ten  days 
previous  to  such  election ;  and  every  voter,  if  required  by  any  quali¬ 
fied  voter  or  judge,  shall  take  the  following  oath,  viz. :  “  I  swear  (or 
affirm)  that  I  am  of  the  age  of  twenty-one  years,  that  I  have  been 
a  resident  of  this  city  six  months  immediately  preceding  this  election, 
and  am  now  and  have  been  for  the  last  ten  days  past  a  resident  of 
this  ward,  (or  am  at  this  time  a  resident  and  freeholder  in  this  city,) 
and  have  not  voted  at  this  election  Provided ,  that  the  voter  shall 
be  deemed  a  resident  of  the  ward  in  which  he  is  accustomed  to 
lodge. 

Sec.  8.  No  election  shall  be  held  in  any  grog-shop,  or  other  place 
where  intoxicating  liquors  are  vended  by  retail. 


16 


CHARTER. 


Sec.  9.  The  persons  entitled  to  vote,  at  any  election  held  under 
this  act,  shall  not  be  arrested  on  civil  process  within  said  city  upon 
the  day  on  which  said  election  is  held }  and  all  persons  illegally 
voting  at  any  election  held  under  this  act  or  the  ordinances  of 
the  city  in  pursuance  thereof,  shall  be  punishable  according  to  the 
laws  of  the  State. 


ARTICLE  V. 

Legislative  Power  of  the  City  Council. 


Section— 

1.  The  Council  has  power — 1,  to  Levy 
and  Collect  Taxes ;  2,  to  Borrow 
Money ;  3,  to  Appropriate  Money ; 
4,  to  make  Quarantine  Laws ;  5,  to 
erect  Hospitals ;  6,  to  secure  the 
Health  of  the  City ;  7,  to  provide 
City  with  Water,  Ac. ;  8,  to  establish 
Grades  ;  9,  to  erect  Bridges,  Sewers, 
Culverts,  Crossways,  &c.  ;  10,  to 
provide  for  Street  Lighting ;  11,  to 
establish  Night  Watches;  12,  to 
erect  Market  Houses,  Ac.;  13,  to 
provide  City  Buildings ;  14,  to 
enclose,  Ac.,  Public  Grounds  ;  15, 
to  improve,  Ac.,  Navigation  of  the 
Ohio  and  Mississippi,  with  certain 
limits  ;  16,  to  erect  WTharves,  Ac., 
and  to  collect  Wharfage;  17,  to 
regulate  Anchorage,  Ac.;  18,  to 
issue  Licenses,  Ac. ;  19,  to  license 
and  regulate  Omnibuses,  Ac. ;  20,  to 
license  Porters,  Ac. ;  21,  to  license 
Theatricals,  Shows,  Ac.;  22,  to 
license  Billiards,  Tippling  Houses, 
Ac.,  and  suppress  Gaming  ;  23,  to 
prevent  Fires,  to  regulate  the 
erection  of  Wooden  Houses,  Ac., 
Ac.;  24,  to  order  Cleaning  of 
Chimneys  ;  Stovepipes ;  25,  to 
regulate  Storage  Gunpowder,  Tar, 
Ac. ;  26,  to  regulate  Partition  and 
Parapet  Walls ;  27,  to  establish 
Standard  Weights  and  Measures, 
Ac. ;  28,  to  provide  for  Inspection 
of  Lumber,  Ac. ;  29,  to  provide  for 
Weighing  Hay,  Ac. ;  30,  to  provide 


Section — 

for  Inspection  of  Tobacco,  Flour, 
Ac. ;  31,  to  regulate  the  Inspection 
of  Butter,  Lard,  and  Vending  of 
Meat,  <£c. ;  32,  to  regulate  Price  of 
Bread ;  33,  to  regulate  the  Size  of 
Bricks ;  34,  to  provide  for  Census ; 
35,  to  regulate  Elections,  Ac. ;  36, 
to  jn-ovide  for  Appointment  of 
Officers,  Ac. ;  37,  to  fix  Compensa¬ 
tion  of  Officers,  Ac. ;  38,  to  regulate 
Police,  Ac. ;  39,  to  License  Ferries ; 
40,  to  move  Obstructions  from 
Sidewalks,  Ac. ;  41,  to  prevent 
Riots,  Ac.;  42,  to  prevent  Encroach¬ 
ments  of  Streets,  Ac. ;  43,  to  exer¬ 
cise  complete  Control,  Ac.,  over 
City  Property,  and  generally  to 
pass  all  laws  needful  for  the  City. 
No  fine  imposed  to  exceed  $500,  nor 
imprisonment  to  exceed  6  months  ; 
44,  to  control  Laying  Railroad 
Tracks,  Ac. ;  45,  to  prevent  Bury¬ 
ing  of  Bodies  in  City,  Ac.;  46, 
to  regulate  the  Use  of  Fireworks, 
Ac. ;  47,  to  license  Butchers,  Ac. ; 
48,  to  restrain,  Ac.,  the  running  at 
large  of  Horses,  Cattle,  Ac. ;  49,  to 
restrain  the  running  at  large  of 
Dogs  ;  50,  to  regulate  the  Police  ; 
to  license  Beer  Shops,  Ac.,  no 
License  to  be  granted  for  more 
than  one  year. 

2.  Power  of  Council  to  make  Ordinances, 

3.  Money  not  to  be  expended,  except 

ordered  by  Ordinance. 


CHARTER. 


17 


Section —  Section — 

4.  Ordinances  to  be  approved  by  Mayor  ;  7*  In  case  bill  not  returned  within  five 

in  case  of  refusal  objection  to  be  days  becomes  law. 

entered  in  the  journal.  8*  Style  of  Ordinances. 

9.  When  Publication  to  be  made  ;  how. 

5.  Reconsideration.  10.  Ordinances,  how  proven  in  Courts. 

11.  City  Council  to  regulate  Street  Labor  » 

6.  “Yeas”  and  “Nays.”  Fine  for  refusal. 

Section  1.  The  city  council  shall  have  power — 

First. — To  levy  and  collect  taxes  upon  all  property,  real  and  per¬ 
sonal,  within  the  city,  made  taxable  by  law  for  State  purposes,  not 
exceeding  one-half  per  centum  per  annum  upon  the  assessed  value 
thereof. 

Second. — To  borrow  money  on  the  credit  of  the  city,  and  to  issue 
bonds,  scrip  or  certificates  therefor  :  Provided ,  that  no  sum  or  sums 
of  money  shall  be  borrowed  at  a  greater  interest  than  six  per  cent, 
per  annum ;  nor  shall  the  interest  on  the  aggregate  of  all  sums  bor¬ 
rowed  and  outstanding  ever  exceed  one-half  of  the  city  revenue 
arising  from  taxes  assessed  on  real  property  within  the  corporation. 

Third. — To  appropriate  money,  and  to  provide  for  the  payment 
of  the  debt  and  expenses  of  the  city. 

Fourth. — To  make  regulations  to  prevent  the  introduction  of 
contagious  diseases  into  the  city ;  to  make  quarantine  laws  for  that 
purpose,  and  enforce  the  same  within  five  miles  of  the  city. 

Fifth. — To  establish  hospitals  and  make  regulations  for  the 
government  thereof. 

Sixth. — To  make  regulations  to  secure  the  general  health  of  the 
inhabitants;  to  declare  what  shall  be  nuisances,  and  to  prevent  and 
remove  the  same. 

Seventh. — To  provide  the  city  with  water,  and  to  erect  reservoirs, 
hydrants,  fire  plugs  and  pumps  in  the  streets,  within  or  beyond  the 
boundaries  of  the  city,  for  the  convenience  of  the  inhabitants  of  the 
city,  and  for  the  extinguishment  of  fires. 

Eighth. — To  open,  establish,  grade,  pave,  plank,  or  otherwise 
improve,  clean  and  keep  in  repair  streets,  avenues,  lanes  and  alleys. 

Ninth. — To  establish,  erect,  construct,  and  keep  in  repair  bridges, 
culverts,  sewers,  sidewalks  and  crossways,  and  regulate  the  use  and 
construction  of  the  same,  and  abate  and  remove  any  obstructions 
3 


IS 


CHARTER. 


thereon ;  to  establish,  alter  and  change  the  channel  of  water  courses, 
and  to  wall  them  up  and  cover  them  over. 

Tenth. — To  provide  for  lighting  the  streets,  and  erecting  lamps 
thereon. 

Eleventh. — To  establish,  support  and  regulate  night  watch  and 
patrols. 

Twelfth. — To  erect  market  houses,  establish  markets  and  market 
places,  and  provide  for  the  government  and  regulation  thereof. 

Thirteenth. — To  provide  for  the  erection  of  all  needful  buildings 
for  the  use  of  the  city. 

Fourteenth  — To  provide  for  enclosing,  improving  and  regulating 
all  public  grounds  belonging  to  the  city. 

Fifteenth , — To  improve  and  preserve  the  navigation  of  the  Ohio 
and  Mississippi  rivers  within  the  city,  and  remove  obstructions 
thereon. 

Sixteenth. — To  erect,  repair  and  regulate  public  wharves  and 
docks,  and  to  collect  wharfage  therefrom. 

Seventeenth. — To  regulate  the  stationing,  anchorage  and  moor¬ 
ing  of  vessels  within  the  city. 

Eighteenth. — To  license,  tax  and  regulate  auctioneers,  grocers, 
merchants,  retailers  and  taverns,  and  to  license,  tax,  regulate  and 
suppress  ordinaries,  hawkers,  peddlers,  brokers,  pawnbrokers  and 
money-changers. 

Nineteenth , — To  license,  tax  and  regulate  hackney  carriages, 
omnibuses,  wagons,  carts,  and  drays,  and  fix  the  rates  to  be  charged 
for  the  carriage  of  persons,  and  for  wagonage,  cartage  and  drayage 
of  property. 

Twentieth. — To  license  and  regulate  porters,  and  fix  the  rate  of 
porterage. 

Twenty-first. — To  license,  tax,  regulate  and  suppress  theatrical 
and  other  exhibitions,  shows  and  amusements. 

Twenty -second. —To  license,  tax  and  restrain,  prohibit  and  sup¬ 
press  billiard  tables,  tippling  houses  and  dram  shops,  and  to  suppress 
gaming  and  gambling  houses,  and  other  disorderly  houses,  and  to 
suppress  bawdy  houses. 

Twenty-third. — -To  provide  for  the  prevention  and  extinguish- 


CHARTER. 


19 


ment  of  fires,  and  to  organize  and  establish  fire  companies ;  also  to 
regulate,  restrain  and  prohibit  the  erection  of  wooden  buildings  in 
any  part  of  the  city;  to  regulate  and  prevent  the  carrying  on  of 
manufactures  dangerous  in  causing  or  producing  fires;  to  appoint 
fire  wardens  and  property  guards,  with  power  to  remove  and  keep 
away  from  the  vicinity  of  any  fire  all  idle  and  suspicious  persons 
lurking  near  the  same,  and  to  compel  any  person  or  persons  present 
to  aid  in  extinguishing  such  fire,  or  in  the  preservation  of  property 
exposed  to  the  danger  of  the  same,  and  in  preventing  goods  from 
being  purloined  thereat,  and  with  such  other  powers  and  duties  as 
may  be  prescribed  by  ordinance  ;  to  compel  the  owners  of  houses 
and  other  buildings  to  have  scuttles  upon  the  roofs  of  any  such 
houses  and  buildings,  and  stairs  or  ladders  leading  to  the  same. 

Twenty-fourth. — To  regulate  and  order  the  cleaning  of  chimneys, 
and  to  fix  the  fees  thereof,  and  to  regulate  the  fixing  of  stovepipes. 

Twenty-fifth. — To  regulate  the  storage  of  gunpowder,  tar,  pitch, 
rosin,  hemp,  cotton  and  all  other  combustible  materials,  and  the  use 
of  lights  and  candles  in  all  stables,  shops  and  other  places ;  to 
remove  or  prevent  the  construction  of  any  fire-place,  hearth,  chim¬ 
ney,  stove,  oven,  boiler,  kettle  or  apparatus  used  in  any  house, 
building,  manufactory  or  business,  which  may  be  dangerous  in 
causing  or  promoting  fires ;  to  direct  the  safe  construction  of  deposits 
for  ashes,  and  severally,  to  enter  into,  or  to  appoint  one  or  more 
officers,  at  reasonable  times,  to  enter  into  and  examine  all  dwelling 
houses,  lots,  yards,  inclosures  and  buildings  of  every  description,  in 
order  to  discover  whether  any  of  them  are  in  a  dangerous  state,  and 
to  cause  such  as  may  be  dangerous  to  be  put  in  safe  and  secure 
condition. 

Twenty-sixth. — To  regulate  and  prescribe  the  manner  of,  and 
order  the  building  of  partition  and  parapet  walls,  and  of  partition 
fences. 

Twenty-seventh. — To  establish  standard  weights  and  measures, 
and  to  regulate  the  weights  and  measures,  to  be  used  in  the  city, 
and  in  all  cases  not  otherwise  provided  by  law. 

Twenty -eighth. — To  provide  for  the  inspection  and  measuring  of 
lumber  and  other  building  materials. 


20 


CHARTER. 


Twenty -ninth.- —To  provide  for  the  inspection  and  weighing  of 
hay  and  stone  coal,  the  measuring  of  charcoal,  fire-wood,  and  all  other 
fuel  to  be  used  in  the  city. 

Thirtieth . — To  provide  for  and  regulate  the  inspection  of  tobacco, 
cotton,  beef,  pork,  flour,  meal,  oil,  whisky  and  other  spirituous 
liquors,  in  barrels,  hogsheads  and  other  vessels,  and  all  other  articles 
of  commerce  :  Provided ,  that  nothing  in  this  act  shall  be  so  con¬ 
strued  as  to  authorize  the  inspection  of  any  article  enumerated  in 
this  act  which  is  to  be  shipped  beyond  the  limits  of  this  state,  except 
at  the  request  of  the  owner  or  owners  thereof,  or  of  the  agent  having 
charge  of  the  same. 

Thirty-first. — To  regulate  the  inspection  of  butter,  lard  and  other 
provisions ;  to  regulate  the  vending  of  meat,  poultry,  vegetables ; 
to  restrain  and  punish  the  forestalling  of  poultry,  butter,  eggs,  and 
fruit,  and  suppress  hucksters. 

Thirty -second. — To  regulate  the  weights,  quality  and  price  of 
bread  to  be  used  and  sold  in  the  city. 

Thirty-third. — To  regulate  the  size  of  bricks  made  or  used  in  the 
city. 

Thirty -fourth. — To  provide  for  taking  an  enumeration  of  the 
inhabitants  of  the  city. 

Thirty-fifth. — To  regulate  the  election  of  all  elective  city  officers, 
and  provide  for  removing  from  office  any  person  holding  an  office 
created  by  this  act  or  by  ordinance,  not  otherwise  provided  for. 

Thirty-sixth. — To  provide  for  the  appointment  of  all  officers, 
servants  and  agents  of  the  corporation,  not  otherwise  provided  for. 

Thirty-seventh. — To  fix  the  compensation  of  the  city  officers,  and 
provide  for  the  payment  of  the  same,  and  regulate  the  fees  of  all 
the  jurors,  witnesses  and  others,  for  services  rendered  under  this 
act  or  any  ordinance. 

Thirty -eighth. — To  regulate  the  police  of  the  city,  to  enforce 
fines,  forfeitures  and  penalties  for  the  breach  of  any  ordinance,  and 
provide  for  the  recovery  and  appropriating  any  such  fines  and  for¬ 
feitures,  and  the  enforcement  of  such  penalties. 

Thirty-ninth , — To  regulate  and  license  all  ferries  within  the 
limits  of  the  city. 


CHARTER. 


21 


Fortieth. — To  remove  all  obstructions  from  the  sidewalks,  and  to 
provide  for  the  construction  and  repair  of  all  sidewalks  and  curb¬ 
stones,  and  for  the  clearing  of  the  same,  and  of  the  gutters,  at  the 
expense  of  the  owners  of  the  ground  fronting  thereon. 

Forty -first. — To  prevent  and  restrain  any  riot,  noise,  open  inde¬ 
cencies,  disturbance  or  disorderly  assemblages  in  any  street,  house 
or  place  in  the  city. 

Forty-second. — To  prevent  and  remove  all  encroachments  into 
and  upon  all  streets,  lanes,  avenues  and  alleys  established  by  law  or 
ordinance. 

Forty-third. — To  exercise  complete  and  perfect  control  over  all 
the  property  belonging  to  the  city,  real  and  personal,  whether  lying 
within  or  beyond  the  limits  of  the  corporation  created  by  this  act, 
and  the  same  to  lease,  sell,  transfer  and  dispose  of,  either  absolutely 
or  with  limitation,  to  any  person  or  persons  whatsoever;  and 
generally  to  make,  pass,  publish,  amend  and  repeal  such  rules, 
regulations,  by-laws  and  ordinances,  for  the  purpose  of  maintaining 
the  peace,  good  government  and  order  of  the  city  of  Cairo,  and  the 
trade,  commerce  and  manufactures  thereof,  as  the  city  council  may 
deem  expedient,  and  that  may  be  necessary  or  proper  to  carry  into 
effect  the  powers  granted  by  this  act,  not  repugnant  to  the  consti¬ 
tution  or  laws  of  this  State,  and  also  to  enforce  the  observance  of 
all  such  rules,  ordinances  and  regulations,  and  to  punish  violations 
thereof  by  fines,  penalties  and  imprisonment  in  the  city  jail,  or  both, 
in  the  discretion  of  the  court  or  magistrate  before  whom  conviction 
may  be  had.  But  no  fine  or  penalty  shall  exceed  five  hundred  dol¬ 
lars,  nor  the  imprisonment  six  months,  for  any  one  offense ;  and  such 
fine  or  penalty  may  be  recovered,  with  costs,  in  an  action  of  debt, 
in  the  name  and  for  the  use  of  the  city  before  any  court  having 
jurisdiction,  and  punishment  inflicted ;  and  any  person  upon  whom 
any  fine  or  penalty  is  imposed,  shall  stand  committed  until  the 
payment  of  the  same  and  costs,  and  in  default  thereof,  may  be 
imprisoned  in  the  city  jail,  or  be  required  to  labor  on  the  streets  or 
other  public  works  of  the  city,  for  such  time  and  in  such  manner 
as  may  be  provided  by  ordinance. 

Forty-fourth — To  direct  and  control,  hereafter,  the  laying  and 
construction  of  railroad  tracks*  bridges,  turnouts  and  switches  in 


22 


CHARTER. 


the  streets  and  alleys  within  the  city.  To  require  that  railroad 
tracks,  bridges,  turnouts  and  switches  shall  be  so  constructed  and 
laid  as  to  interfere  as  little  as  possible  with  the  ordinary  travel  and 
use  of  the  streets  and  alleys,  and  that  sufficient  space  shall  be  left 
on  either  side  of  said  tracks  for  the  safe  and  convenient  passage  of 
teams  and  persons ;  to  require  railroad  companies  to  keep  in  repair 
the  streets  through  which  their  tracks  may  run,  and  to  construct 
and  keep  in  repair  suitable  crossings  at  the  intersections  of  streets 
and  alleys,  and  ditches,  sewers  and  culverts,  when  the  city  council 
shall  deem  necessary  -  direct  and  regulate  the  speed  of  locomotive 
engines  within  the  inhabited  portions  of  the  city ;  to  prohibit  and 
restrain  railroad  companies  from  doing  a  storage  or  warehouse 
business  for  hire  or  pay,  and  from  selling  goods,  wares  or  merchan¬ 
dise  upon  their  grounds  or  depot  premises,  or  to  receive  compensa¬ 
tion  for  the  forwarding  of  goods. 

Forty-fifth. — To  prevent  any  person  from  bringing  into  and 
burying  dead  bodies  within  the  limits  of  the  city. 

Forty-sixth. — To  regulate,  prevent  and  prohibit  the  use  of  fire 
works  and  the  discharge  of  firearms,  except  in  defense  of  the  person 
or  property,  and  except  by  any  military  company  or  assemblage  of 
citizens  at  some  public  celebration. 

Forty -seventh. — To  license,  regulate  and  prohibit  butchers,  and 
to  revoke  their  licenses  for  malconduct  in  the  course  of  trade. 

Forty-eighth. — To  regulate,  restrain  and  prohibit  the  running  at 
large  of  horses,  cattle,  swine,  sheep,  goats  and  geese,  and  to  author¬ 
ize  the  distraining,  impounding  and  sale  of  the  same,  for  the  costs 
of  the  proceedings  and  the  penalties  incurred,  and  to  impose  penalties 
on  the  owners  thereof  for  a  violation  of  any  ordinance  in  relation 
thereto. 

Forty-ninth.-— 'To  regulate,  restrain  and  prohibit  the  running  at 
large  of  dogs,  and  to  authorize  their  destruction  when  at  large  con¬ 
trary  to  ordinance,  and  to  impose  penalties  on  the  owners  or  keepers 
thereof. 

Fiftieth. — To  regulate,  establish  and  create  the  police  of  the 
city;  to  appoint  watchmen  and  policemen,  and  prescribe  their 
duties  and  powers. 

Fifty-first. — The  city  council  shall  have  the  exclusive  authority, 


CHARTER. 


23 


within  the  limits  of  the  city,  to  license  groceries,  beer  shops,  and 
saloons,  and  all  places  for  the  sale  of  vinous,  spirituous  and  fermented 
liquors ;  and  all  sums  of  money  which  may  be  received  for  grocery 
and  all  other  licenses  shall  be  paid  into  the  city  treasury  for  the  use 
of  the  city :  Provided ,  no  license  shall  be  granted  for  a  longer 
period  than  one  year,  and  no  license  for  the  sale  of  wines  or  other 
liquor  shall  be  issued  for  a  less  sum  than  seventy-five  dollars. 

Sec.  2.  The  city  council  shall  have  power,  subject  to  the 
restriction  in  the  preceding  section,  to  make  all  ordinances  which 
shall  be  necessary  and  proper  for  carrying  into  effect  the  powers 
specified  in  the  preceding  section,  and  all  other  powers  vested  by 
this  act  in  the  corporation,  the  city  government  or  any  department 
or  officers  thereof. 

Sec.  3.  No  money  shall  be  expended,  nor  shall  any  improve¬ 
ment  be  ordered, 'involving  an  expenditure  of  money,  except  by 
ordinance,  the  provisions  of  which  shall  be  specific  and  definite. 

Sec.  4.  Every  ordinance  or  resolution  which  shall  have  been 
passed  by  the  city  council  shall,  before  it  becomes  a  law,  be  presented 
to  the  mayor  for  his  approval.  If  he  approve  he  shall  sign  it,  if 
not,  he  shall  return  it,  with  his  objections,  to  the  board;  which 
objections  shall  be  entered  at  large  on  the  journal,  and  the  bill 
reconsidered. 

Sec.  5.  If,  after  such  reconsideration,  a  majority  of  all  the 
members  elected  to  the  board  shall  agree  to  pass  the  same,  it  shall 
become  a  law. 

Sec.  6.  In  all  cases  the  votes  shall  be  taken  by  yeas  and  nays, 
and  entered  on  the  journal  of  the  board. 

Sec.  7.  If  any  bill  shall  not  be  returned  by  the  mayor  to  the 
city  clerk  in  five  days,  Sundays  excepted,  after  it  shall  have  been 
presented  to  him  for  his  approval,  the  same  shall  become  a  law  in 
the  same  manner  as  if  he  had  approved  and  signed  it. 

Sec.  8.  The  style  of  the  ordinances  of  the  city  shall  be,  “  Be  it 
ordained  by  the  City  Council  of  the  City  of  Cairo.” 

Sec.  9.  All  ordinances  passed  by  the  city  council  shall,  within 
five  days  after  their  passage,  be  published  by  printing  in  a  news¬ 
paper  published  and  circulated  in  the  city  of  Cairo,  or  by  posting 


24 


CHARTER. 


up  printed  or  written  copies  of  the  same  in  four  of  the  most  public 
places  in  said  city  ;  and  until  such  publication,  for  ten  days,  the  said 
ordinances  shall  not  go  into  effect. 

Sec.  10.  All  ordinances  of  the  city  may  he  proven  by  the  seal 
of  the  corporation,  and  when  printed  and  published  by  authority  of 
the  corporation,  the  same  shall  be  received  in  evidence  in  all  courts 
and  places  without  further  proof. 

Sec.  11.  The  city  council  shall  have  power  to  keep  the  streets, 
lanes,  avenues  and  alleys  in  repair,  and  to  require  all  male  inhabit¬ 
ants  in  said  city,  of  twenty-one  years  of  age  and  not  over  fifty,  to 
labor  on  said  streets,  lane,  avenue  or  alley,  not  exceeding  three  days 
in  each  and  every  year ;  and  any  person  failing  to  perform  such 
labor,  when  duly  notified  by  the  supervisor  or  other  officer,  shall 
forfeit  and  pay  not  to  exceed  one  dollar  per  day  for  each  day  so 
neglected  or  refused. 


ARTICLE  YI. 

Collection  of  Taxes  and  Assessments. 


Section— 

1.  Assessment  Lists;  Assessors. 

2.  Assessment  Lists,  when  to  be  return¬ 

ed;  Objections,  how  and  when  to  be 
made. 

3.  Warrant  to  Colloct  Taxes  Levies, 

how  made. 

4.  Taxes,  Ac.,  to  be  lien;  Personal 

Property  may  be  taken  to  satisfy 
Real  or  Personal  Property  Tax,  Ac- 

5.  How  Clerk  shall  issue  Warrant,  &c. 

6.  By  whom  Warrant  shall  be  signed  ; 

to  whom  delivered ;  how  Collector 
shall  collect. 

7.  Collector  may  collect  Tax  in  same 

manner  as  State  Taxes  are  col¬ 
lected  ;  when  to  pay  over  to  Treas¬ 
urer  ;  in  case  of  default. 


Section — 

8.  In  case  Taxes,  Ac.,  are  not  paid; 

what  proceeding's,  Ac. 

9.  Advertisement  to  be  made ;  how. 

10.  Sales,  how  conducted ;  Certificates  of 

sale;  Fees  of  Collector;  Clerk  to 
keep  records  of  Sales. 

11.  Right  of  Redemption. 

12.  Assignees  of  Tax  Certificates  entitled 

to  Deed. 

13.  In  case  no  bid  is  made  at  Sale,  Ac. 

14.  Tax  Deed  prima  facie  evidence  of— 

3,  that  land  subject  to  taxation  ;  2, 
that  taxes  unpaid;  3,  that  land 
has  not  been  redeemed,  and,  4,  con¬ 
clusive  evidence  of  what,  &c.,  Ac. 


Section  1.  The  city  council  shall  have  power,  by  ordinance, 
to  prescribe  the  form  of  assessment  list,  and  prescribe  the  duties 
and  define  the  powers  of  assessors )  they  may  also  make  such  rules 


CHARTER. 


25 


and  give  such  directions  in  relation  to  revising,  altering  or  adding 
to  the  lists,  as  they  may  deem  proper  or  expedient. 

Sec.  2.  The  annual  assessment  lists  shall  be  returned  by  the 
assessor  on  or  before  the  first  Monday  in  August  in  each  year;  but 
the  time  may  be  extended  by  order  of  the  city  council.  On  the 
return  thereof,  the  city  council  shall  fix  a  day  for  hearing  objections 
thereto,  and  the  clerk  shall  give  notice  of  the  time  and  place  of 
such  hearing,  by  publication  in  the  newspaper  publishing  the  ordi¬ 
nances  of  the  city,  or  by  other  notices  posted  in  four  public  places 
in  the  city ;  and  any  person  feeling  aggrieved  by  the  assessment  of 
his  property,  may  appear  at  the  time  specified  and  make  his  objec¬ 
tions.  The  city  council  shall  have  power  to  supply  omissions  in  said 
assessment  lists,  and  for  the  purpose  of  equalizing  the  same,  to 
alter,  add  to,  take  from  and  otherwise  correct  and  revise  the  same, 
or  to  refer  the  same  back  to  the  assessor,  with  instructions  to  revise 
and  correct  the  same. 

Sec.  3.  When  the  assessment  lists  have  been  corrected  and 
revised  the  same  shall  be  filed,  and  an  order  confirming  the  same, 
and  directing  the  warrant  to  be  issued  for  the  collection  thereof, 
shall  be  entered  by  the  clerk.  The  city  council  shall,  thereupon, 
by  an  ordinance  or  resolution,  levy  such  sum  or  sums  of  money  as 
may  be  sufficient  for  the  several  purposes  for  which  taxes  are  herein 
authorized  to  be  levied,  not  exceeding  the  authorized  percentage, 
particularly  specifying  the  purposes  for  which  the  same  are  levied. 

Sec.  4.  All  taxes  and  assessments,  general  or  special,  levied  or 
assessed  by  the  city  council  under  this  act,  or  any  ordinance  in 
pursuance  thereof,  shall  be  a  lien  upon  the  real  estate  upon  which 
the  same  may  be  imposed,  voted  or  assessed,  for  two  years  from  and 
after  the  corrected  assessment  lists  shall  be  confirmed  or  the  passage 
of  the  order  for  assessment;  and  on  personal  estate,  from  and  after 
the  delivery  of  the  warrant  for  the  collection  thereof  until  paid; 
and  no  sale  or  transfer  shall  affect  the  lien.  Any  personal  property 
belonging  to  the  debtor  may  be  taken  and  sold  for  the  payment  of 
taxes  on  real  or  personal  estate ;  and  the  real  estate  shall  be  liable 
for  the  taxes  on  personal  estate,  in  case  of  removal,  or  when  the  tax 
cannot  be  made  out  of  the  personal  estate,  in  the  same  manner  as 

4 


26 


CHARTER. 


is  prescribed  by  tbe  laws  of  the  State  :  Provided ,  that  in  case  the 
collection  of  any  assessment  shall  be  delayed  by  judicial  proceed¬ 
ings,  the  same  shall  continue  a  lien,  unless  set  aside,  upon  the  real 
estate  for  the  period  of  two  years  from  and  after  the  final  disposition 
of  such  injunction  or  other  judicial  proceeding. 

Sec.  5.  The  clerk  shall  issue  a  warrant  or  warrants  for  the  taxes, 
and  rule  therein  separate  columns,  in  which  the  tax  levied  shall  be 
respectively  set  down  opposite  the  name  of  the  person  or  such  real 
estate  subject  thereto.  Each  column  shall  be  headed  with  the 
name  of  the  tax  therein  set  down. 

Sec.  6.  All  warrants  issued  for  the  collection  of  general  or 
special  taxes  and  assessments  shall  be  signed  by  the  mayor  and 
clerk,  with  the  corporate  seal  thereto  attached,  and  shall  contain 
true  and  perfect  copies  of  the  corrected  assessment  lists,  upon  which 
the  same  may  be  issued.  They  shall  be  delivered  to  the  collector 
for  collection  within  thirty  days  after  the  filing  of  the  corrected 
lists,  unless  further  time  for  this  purpose  shall  be  given  by  the  city 
council.  If  not  otherwise  paid,  the  collector  shall  have  power  to 
collect  said  taxes,  with  interest  and  costs,  by  suit  in  the  corporate 
name,  or  by  distress  and  sale  of  personal  property  as  aforesaid, 
after  a  demand  and  refusal  to  pay  the  same :  Provided ,  a  notice 
published  by  the  collector  for  ten  days  in  the  newspaper  printing 
the  ordinances  of  the  city,  or  posted  up  in  four  public  places  in  the 
city,  shall  be  deemed  a  demand,  and  a  neglect  to  pay  taxes  for 
twenty  days  thereafter  shall  be  deemed  a  refusal.  The  assessor’s  list 
shall,  in  all  cases,  be  evidence  on  the  part  of  the  city  corporation. 

Sec.  7.  All  taxes  and  assessments,  general,  or  special,  may  be 
collected  by  the  collector  in  the  same  manner  and  with  the  same 
power  and  authority  as  is  given  by  law  to  collectors  of  county  or 
state  taxes,  or  in  the  manner  hereinafter  provided  for.  He  shall 
pay  the  same,  as  fast  as  collected,  into  the  city  treasury ;  and  his 
duty  in  regard  to  returning  warrants  and  settling  with  the  city, 
and  his  liabilities,  in  case  of  default  or  misconduct,  shall  be  the 
same  as  prescribed  by  law  in  case  of  county  collectors  :  Provided , 
the  city  council  shall  have  power  to  prescribe  the  powers,  duties 
and  liabilities  of  collectors,  by  ordinance. 


CHARTER. 


27 


Sec.  8.  In  case  of  the  non-payment  of  any  taxes  or  assessments 
levied  or  assessed  under  this  act,  the  premises  may  be  sold  for  the 
payment  thereof  at  any  time  within  two  years  after  the  confirmation 
of  the  assessment  by  the  city  council.  Before  any  such  sale  or  order 
shall  be  made  by  the  city  council,  which  shall  be  entered  at  large 
in  the  journal  or  record  kept  by  the  clerk,  directing  the  collector 
to  sell,  particularly  describing  the  delinquent  premises  to  be  sold 
and  the  assessment  for  which  the  sale  shall  be  made,  a  certified 
copy  of  which,  under  the  corporate  seal,  signed  by  the  mayor  or 
presiding  officer  and  clerk,  shall  be  delivered  to  the  collector,  which, 
together  with  the  warrant,  shall  constitute  the  process  upon  which 
the  sale  may  be  made. 

Sec.  9.  The  collector  shall  then  advertise  such  premises,  in  the 
newspaper  publishing  the  ordinances  of  the  city,  for  sale,  or  post 
up  notices  in  four  public  places  in  the  city,  of  the  sale,  at  least 
thirty  days  from  and  after  the  first  publication  of  such  notice, 
describing  the  premises,  by  figures  or  otherwise,  with  the  name  of 
the  owner,  when  known,  and  the  several  amounts  of  the  taxes  and 
assessments  thereon,  and  costs.  Said  notice  shall  also  contain  the 
time  and  place  of  sale,  and  shall  be  published  at  least  four  times. 
The  proceedings  may  be  stopped  at  any  time,  on  the  payment  of 
the  taxes  or  assessment  and  interest,  with  expenses  of  advertising. 

Sec.  10.  All  sales  shall  be  conducted  in  the  manner  required 
by  law,  but  the  city  council  shall  have  the  power  to  prescribe  the 
manner  of  conducting  the  same.  The  sale  shall  be  made  for  the 
smallest  portion  of  ground,  to  be  taken  from  the  east  side  of  the 
premises,  for  which  any  person  will  take  the  same  and  pay  the 
taxes  or  assessments  thereon,  with  interest  and  costs  of  sale.  Dupli¬ 
cate  certificates  of  sale  shall  be  made  and  subscribed  by  the  collec¬ 
tor,  one  of  which  shall  be  delivered  to  the  purchaser  and  the  other 
filed  in  the  office  of  the  clerk,  which  certificate  shall  contain  the 
name  of  the  purchaser,  a  description  of  the  premises  sold,  the 
amount  of  taxes  or  assessments,  with  the  interest  and  expenses 
for  which  the  same  was  sold,  and  the  time  when  the  right  to  redeem 
will  expire.  The  collector  shall  be  allowed  the  same  fees  for  selling 


28 


CHARTER. 


as  are  allowed  by  law  for  similar  services,  or  bis  fees  may  be  regu¬ 
lated  by  ordinance.  The  clerk  shall  keep  a  record  of  such  sales, 
which  shall  be  open  to  public  inspection  at  all  reasonable  times. 

Sec.  11.  The  right  of  redemption,  in  all  cases  for  sale  for  taxes 
or  assessments,  shall  exist  to  the  owner,  his  heirs,  creditors  or 
assigns,  to  the  same  extent  as  is  allowed  by  law  in  all  cases  of  sale 
of  real  estate  for  taxes,  on  the  payment,  in  specie,  of  double  the 
amount  for  which  the  same  was  sold,  and  all  taxes  accruing  subse¬ 
quently  to  the  sale,  with  interest.  If  the  real  estate  of  any  infant, 
femme  covert  or  lunatic,  be  sold  under  this  act,  the  same  maybe 
redeemed  at  any  time  within  one  year  after  such  disability  is 
removed.  In  case  of  redemption  the  money  may  be  paid  to  the 
purchaser,  or,  for  him,  to  the  city  clerk,  who  shall  make  a  special 
deposit  thereof  with  the  treasurer,  taking  his  receipt  therefor.  If 
not  redeemed,  according  to  law,  the  city  council  shall,  upon  the 
return  of  the  certificate  or  proof  of  its  loss,  direct  a  deed  to  be 
executed  to  the  purchaser,  under  the  corporate  seal,  signed  by  the 
mayor  or  presiding  officer  of  the  city  council,  and  countersigned  by 
the  clerk,  conveying  to  such  purchaser  the  premises  so  sold  and 
unredeemed  as  aforesaid.  An  abstract  of  all  deeds  so  made  and 
delivered  shall  be  entered  by  the  clerk  in  the  book  wherein  tax 
sales  are  recorded.  A  fee  of  one  dollar  may  be  charged  by  the 
clerk  for  any  deed  so  issued. 

Sec.  12.  The  assignee  of  any  tax  certificate  of  any  premises 
sold  for  taxes  or  assessments,  under  authority  of  the  city,  shall  be 
entitled  to  receive  a  deed  of  such  premises,  in  his  own  name,  and 
with  the  same  effect  as  though  he  had  been  the  original  purchaser. 

Sec.  13.  If,  at  any  sale  of  real  or  personal  estate  for  taxes  or 
assessments,  no  bid  shall  be  made  for  any  parcel  of  land  or  any 
goods  and  chatties,  the  same  shall  be  struck  off  to  the  city,  and 
thereupon  the  city  shall  receive,  in  the  corporate  name,  a  certificate 
of  the  sale  thereof,  and  shall  be  vested  with  the  same  rights  as  other 
purchasers  at  such  sales. 

Sec.  14. — All  deeds  made  to  purchasers  of  lots  sold  for  taxes  or 
assessments,  by  order  of  the  city  council,  shall  be  prima  facie 


CHAETEE. 


29 


evidence  in  all  controversies  and  suits  in  relation  to  the  right  of  the 
purchaser,  his  heirs  and  assigns,  to  the  premises  thereby  conveyed, 
of  the  following  facts  : 

First. — That  the  land  or  lot  conveyed  was  subject  to  taxation  or 
assessment  at  the  time  the  same  was  advertised  for  sale,  and  had 
been  listed  and  assessed  at  the  time  and  manner  required  by  law. 

Second. — That  the  taxes  or  assessments  were  not  paid  at  any 
time  before  the  sale. 

Third. — That  the  land  conveyed  had  not  been  redeemed  from 
the  sale  at  the  date  of  the  deed;  and  shall  be. conclusive  evidence  of 
the  following  facts :  first,  that  the  land  or  lot  was  advertised  for 
sale  for  the  length  of  time  and  in  the  manner  required  by  law  ; 
second,  that  the  land  was  sold  for  taxes  or  assessments,  as  stated  in 
the  deed ;  third ,  that  the  grantee  in  the  deed  was  the  purchaser ; 
fourth ,  that  the  sale  was  conducted  in  the  manner  required  by 
law;  and  in  all  controversies  and  suits  involving  the  title  to  land 
claimed  and  held  under  and  by  virtue  of  such  deed,  the  person  or 
persons  claiming  title  adverse  to  the  title  conveyed  by  such  deed, 
shall  be  required  to  prove,  in  order  to  defeat  the  said  title,  either 
that  the  land  was  not  subject  to  taxation  at  the  date  of  the  sale, 
that  the  taxes  or  assessments  had  been  paid,  that  the  said  land  had 
never  been  listed  or  assessed  for  taxation  or  assessment,  or  that  the 
same  had  been  redeemed  according  to  the  provisions  of  the  act,  and 
that  such  redemption  was  made  for  the  use  and  benefit  of  the  persons 
having  the  right  of  redemption  under  the  laws  of  the  State;  but  no 
person  shall  be  permitted  to  question  the  title  acquired  by  the  said 
deed,  without  first  showing  that  he,  she  or  they,  or  the  person  under 
whom  he,  she  or  they  claim  title,  had  title  to  the  land  at  the  time 
of  the  sale,  or  that  the  title  was  obtained  from  the  United  States  or 
this  State  after  the  sale,  and  that  all  taxes  due  upon  the  lands  have 
been  paid  by  such  persons  or  the  person  under  whom  he  claims 
title  as  aforesaid. 


30 


CHARTER. 


ARTICLE  YII. 


Miscellaneous  Provisions. 


Section — 

1.  Citizens  exempt  from  Road  Tax, 

provided  the  City,  &c. 

2.  Annual  Statement  of  Finances. 

3.  How  long  Ordinances  and  Resolutions 

shall  remain  in  force. 

4.  Suits,  &c.,  to  be  commenced,  &c.,  in 

the  name  of  the  “  City  of  Cairo.” 

5.  Actions,  &c.,  which  have  accrued  to 

the  Trustees  shall  be  vested  in  the 
City. 

6.  Property,  Real  and  Personal,  of  the 

Town,  to  belong  to  the  City. 

7.  Charter  not  to  invalidate  the  Legal 

Acts  of  the  town. 

8.  Appeals  allowed  to  the  Common  Pleas 

and  Circuit  Courts. 


Section — 

9.  The  Act  a  Public  Act. 

10.  Inconsistent  Enactments  repealed. 

11.  Officers  Conservators  of  the  Peace. 

12.  Actions  to  recover  Penalties,  to  be 

brought  in  the  Corporate  name. 

13.  The  first  process  in  all  Prosecutions 

to  be  Summons. 

14.  When  Execution  to  issue,  &c. 

15.  No  fine  to  be  released,  unless,  &c. 

16.  No  vote  to  be  reconsidered  or  re¬ 

scinded  at  a  Special  Meeting,  &c. 

17.  No  person  shall  be  incompetent  as 

Judge,  &c.,  because  Freeholder. 

18.  When  Act  be  in  force. 


Section  1.  The  inhabitants  of  the  city  of  Cairo  are  hereby 
exempted  from  working  on  any  road  beyond  the  limits  of  the  city, 
and  from  paying  any  tax  to  procure  laborers  upon  the  same,  and 
from  any  tax  for  county  purposes  upon  property  within  the  city : 
Provided ,  the  corporation  shall  support  and  provide  for  all  the  resi¬ 
dent  paupers  of  said  city,  and  pay  the  expenses  of  the  circuit  court 
in  all  criminal  cases  arising  out  of  the  offenses  of  any  citizen  of  said 
city,  as  also  jail  fees  which  may  accrue  therefrom,  viz. :  boarding 
and  lodging  of  criminals,  or  charges  that  may  be  just  and  equitable, 
and  coroner’s  inquests  within  the  city. 

Sec.  2.  The  city  council  shall  cause  to  be  published,  annually, 
a  full  and  complete  statement  of  all  moneys  received  and  expended 
by  the  corporation  during  the  preceding  year,  and  on  what  account 
received  and  expended. 

Sec.  3.  All  ordinances  and  resolutions  passed  by  the  president 
and  trustees  of  the  town  of  Cairo  shall  remain  in  full  force  until  the 
same  shall  have  been  repealed  by  the  city  council  hereby  created  : 
Provided ,  no  contract  or  agreement  shall  be  affected  thereby. 

Sec.  4.  All  suits,  actions  and  prosecutions,  instituted,  commenced 
or  brought  by  the  corporation  hereby  created,  shall  be  instituted, 
commenced  and  prosecuted  in  the  name  of  the  city  of  Cairo. 


CHARTER. 


31 


Sec.  5.  All  actions,  fines,  penalties  and  forfeitures  which  have 
accrued  to  the  president  and  trustees  of  the  town  of  Cairo  shall  be 
vested  in  and  prosecuted  by  the  corporation  hereby  created. 

Sec.  6.  All  property,  real  and  personal,  heretofore  belonging  to 
the  president  and  trustees  of  the  town  of  Cairo,  for  the  use  of  the 
said  inhabitants  of  said  town,  shall  be  and  the  same  is  hereby 
declared  to  be  vested  in  the  corporation  hereby  created. 

Sec.  7.  This  charter  shall  not  invalidate  any  legal  act  done  by 
the  president  and  trustees  of  the  town  of  Cairo,  nor  divest  them  of 
any  right  which  may  have  accrued  to  them  prior  to  the  passage  of 
this  act. 

Sec.  8.  Appeals  shall  be  allowed  from  the  decision  in  all  cases 
arising  under  the  provisions  of  this  act  or  any  ordinance  passed  in 
pursuance  thereof  to  the  court  of  common  pleas  of  the  city  of  Cairo, 
or  the  circuit  court  of  Alexander  county  •  and  every  such  appeal 
shall  be  taken  and  granted  in  the  same  manner  and  like  effect  as 
appeals  are  taken  from  and  granted  by  justices  of  the  peace  to  the 
circuit  court  under  the  laws  of  this  State. 

Sec.  9.  This  act  is  hereby  declared  to  be  a  public  act,  and  may 
be  read  in  evidence,  in  all  courts  of  law  and  equity  in  this  State, 
without  proof. 

Sec,  10.  All  acts  or  parts  of  acts,  inconsistent  with  the  pro¬ 
visions  of  this  charter,  are,  so  far  as  they  conflict  with  the  same, 
hereby  repealed. 

Sec.  11.  All  officers  of  the  city,  created  conservators  of  the 
peace  by  this  act  or  authorized  by  any  ordinance,  shall  have  power 
to  arrest  or  cause  to  be  arrested,  with  or  without  process,  all  persons 
who  shall  break  the  peace  or  threaten  to  break  the  peace,  or  be 
found  violating  any  ordinance  of  the  city,  commit  for  examination, 
and,  if  necessary,  detain  such  person  in  custody  over  night,  or  the 
Sabbath,  in  the  watchhouse,  city  jail,  or  other  safe  place,  or  until 
they  can  be  brought  before  a  magistrate ;  and  shall  have  and  exer¬ 
cise  such  other  powers,  as  conservators  of  the  peace,  as  the  city 
Council  may  prescribe. 

Sec.  12.  All  actions  brought  to  recover  any  penalty  or  forfeiture 
incurred  under  this  act,  or  any  ordinance,  by-laws  or  police  regula¬ 
tion  made  in  pursuance  thereof,  shall  be  brought  in  the  corporate 


32 


CHARTER. 


name.  It  shall  be  lawful  to  declare,  generally,  in  debt,  for  such 
penalty,  fine  or  forfeiture,  stating  the  clause  of  this  act  or  the  by¬ 
law  or  ordinance  under  which  the  penalty  or  forfeiture  is  claimed, 
and  to  give  the  special  matter  in  evidence  under  it. 

Sec.  13.  In  all  prosecutions  for  any  violation  of  any  ordinance, 
by-law  or  other  regulation,  the  first  process  shall  be  a  summons, 
unless  oath  or  affirmation  be  made  for  a  warrant,  as  in  other  cases. 

Sec.  14.  Execution  may  be  issued  immediately  on  rendition  of 
judgment.  If  the  defendant  has  no  goods  or  chattels  or  real  estate 
within  the  city  of  Cairo,  whereof  the  judgment  can  be  collected, 
the  defendant  may  be  confined  in  the  city  jail,  for  a  term  not 
exceeding  six  months,  in  the  discretion  of  the  court  rendering 
judgment •  and  all  persons  who  may  be  committed  under  this  section 
shall  be  confined  one  day  for  each  dollar  of  such  judgment  and 
costs.  All  expenses  incurred  in  prosecution  for  the  recovery  of 
any  fine,  penalty  or  forfeiture,  when  collected  shall  be  paid  into  the 
city  treasury. 

Sec.  15.  Neither  the  city  council  or  mayor  shall  remit  any  fine 
or  penalty  imposed  upon  any  person  for  a  violation  of  any  laws  or 
ordinances  of  said  city,  or  release  from  confinement,  unless  two- 
thirds  of  all  the  aldermen  elected  shall  vote  for  such  release  or 
remission ;  nor  shall  anything  in  this  act  be  so  construed  as  to  oust 
any  court  of  jurisdiction  to  abate  and  remove  nuisances  within  its 
jurisdiction  by  indictment  or  otherwise. 

Sec.  16.  No  vote  of  the  city  council  shall  be  reconsidered  or 
rescinded  at  a  special  meeting,  unless  the  meeting  be  called  in  whole 
or  in  part  for  that  purpose  and  the  aldermen  be  so  notified ;  and 
unless  at  such  Special  meeting  there  be  present  as  large  a  number 
of  aldermen  as  was  present  when  the  vote  was  taken. 

Sec.  17.  No  person  shall  be  an  incompetent  judge,  justice, 
witness,  or  juror,  by  reason  of  his  being  an  inhabitant  or  freeholder 
in  the  city  of  Cairo,  in  any  action  or  proceeding  in  which  said,  city 
may  be  a  party  in  interest. 

Sec.  18.  This  act  to  be  a  public  act,  and  shall  be  in  force  from 
and  after  its  passage. 

Approved  February  11,  1857. 


f 


AMENDMENTS  TO  THE  CHARTER. 


OF 

Section— 

1.  Limits  Extended. 

2.  Sec.  1,  Art.  5,  of  Charter,  repealed. 

3.  Sec.  5,  Art.  5,  of  Charter,  amended. 

4.  Sec.  6,  Art.  5,  of  Charter,  amended. 

OF  1861.  (&) 

Section —  Section — 

1.  The  17th  Sec.  of  Art.  7,  amended.  3.  Assessments  for  County  purposes,  &c., 

2.  All  of  Sec.  5,  of  Act  of  1859,  re-  to  be  made. 

pealed.  4.  When  Act  to  be  in  force. 

*  OF  1S63.  (c) 

Section —  Section— 

1.  Power  of  Council  to  estabisli  Grade,  2.  Sec.  8,  Art.  7,  to  apply  to  Act. 

and  Levy  Assessments,  &c.,  &c.  3.  When  Act  to  be  in  force. 

OF  1859.  («) 

Section  1.  That  the  limits  of  the  said  city  of  Cairo  shall  be  so 
extended  as  to  embrace  all  that  district  of  country,  in  the  county  of 
Alexander,  in  township  17  south,  and  range  1  west,  situated  south 
and  east  of  the  south  line  produced  of  sections  14  and  15,  in  said 
township,  and  between  the  main  channels  of  the  Ohio  and  Missis¬ 
sippi  rivers,  to  their  point  of  junction;  and  the  said  district,  being 
fractional  sections,  22,  23,  24,  25,  26,  27,  35  and  36,  in  said  town¬ 
ship,  and  the  territory  between  said  fractional  sections  and  the 
middle  of  the  main  channel  of  the  Ohio  and  the  Mississippi  rivers, 
shall  be  included  within  the  limits  and  jurisdiction  of  said  city, 
and  be  subject  to  its  ordinances,  laws  and  regulations. 

Sec.  2.  So  much  of  section  1,  rarticle  5,  of  said  charter  as 
provides  that  no  sum  or  sums  of  money  shall  be  borrowed  at  a 
greater  rate  of  interest  than  six  per  cent.,  is  hereby  repealed,  and 
the  city  council  of  said  city  shall  have  the  power  to  borrow  such 


1859.  (a) 

Section — 

5.  Real  and  Personal  Property  of  City 

exempt  from  what  taxation. 

6.  Council  has  power,  &c.,  to  punish  va¬ 

grants. 

7.  Act,  Avhen  in  force. 


(a)  Private  Acts  of  1859,  p.  113.  (b)  Private  Acts  of  1861. 

(c)  Private  Acts  of  1863. 

5 


34: 


AMENDMENTS  TO  THE  CHARTER. 


sums  of  money  as  they  are  now  authorized  to  borrow,  at  any  legal 
rate  of  interest  not  exceeding  ten  per  cent. 

Sec.  3.  Section  5,  of  article  5,  of  said  charter  is  hereby  amended 
by  striking  out  the  words  “by  the  board.” 

Sec.  4.  Section  6,  of  article  5,  of  said  charter  is  hereby  amended 
by  adding  the  words  “where  an  appropriation  of  money  is  made,” 
after  the  wc/Vds  “  in  all  cases/’  so  that  said  section  6,  of  said  article 
5,  shall  read  as  follows,  viz.:  “In  all  cases  where  an  appropriation 
of  money  is  made,  the  vote  shall  be  taken  by  yeas  and  nays,  and 
entered  on  the  journal  of  the  board.” 

Sec.  5.  The  real  and  personal  estate  in  the  said  city  shall  be 
hereafter  exempt  from  taxation  for  county  purposes. 

Sec.  6.  The  city  council  of  the  city  of  Cairo  shall  have  power 
and  authority  to  restrain  and  punish  vagrants,  mendicants,  street 
beggars  and  all  other  persons  offending  against  tffe  public  health, 
morality  and  peace  of  said  city.  * 

Sec.  7.  This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  11,  1859. 

OF  1861.  (&) 

Section  1.  That  all  that  part  of  the  seventh  article  of  the 
original  charter  of  the  city  of  Cairo,  entitled  “  Miscellaneous 
Provisions,”  approved  February  11,  1857,  included  in  section  1  of 
said  article,  after  the  words  “  on  the  same  ”  in  the  fourth  line  of 
said  section,  and  thence  to  the  end  of  said  section  1,  be  and  the  same 
is  hereby  repealed. 

Sec.  2.  Be  it  further  enacted,  that  all  of  section  5  of  an  act 
entitled  “  an  act  to  amend  the  charter  of  the  city  of  Cairo,”  approved 
February  11th,  1859,  be  and  the  same  is  hereby  repealed. 

Sec.  3.  From  and  after  the  passage  of  this  act,  assessments 
shall  be  made  of  all  the  property  within  the  city  of  Cairo  for  county 
purposes,  the  same  as  if  the  parts  of  acts  hereby  repealed  had 
never  been  in  force,  but  no  assessments  shall  be  made  for  county 
purposes,  for  the  period  said  parts  of  acts  were  in  force,  or  if  made, 
no  collection  shall  be  enforced  of  said  taxes. 

Sec.  4.  This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  13,  1861. 


AMENDMENTS  TO  THE  CHASTER. 


35 


OF  1863.  (c) 

Section  1.  The  city  council  of  said  city  of  Cairo  shall  have 
power  from  time  to  time  to  cause  any  street,  avenue,  or  highway,  or 
portion  of  any  street,  avenue  or  highway  in  said  city  to  be  filled, 
re-filled,  graded,  re-graded,  leveled,  paved,  re-paved,  macadamized 
or  planked  and  repaired,  and  to  alter  and  change  the  same,  and  to 
assess  and  collect  the  expenses  of  the  same  upon  and  from  the  lots 
bounding,  abutting  or  fronting  on  the  street  or  portion  of  street  so 

A. 

filled,  graded,  leveled,  paved,  macadamized,  planked  or  repaired, 
said  assessment  to  be  collected  in  such  manner  as  the  city  council 
may  prescribe,  provided  the  owners  of  two-thirds  of  the  lots  fronting 
or  abutting  on  said  improvement  shall  petition  for  the  same,  or  said 
improvement  shall  be  ordered  by  the  unanimous  vote  of  the  city 
council,  and  also  provided  that  the  owner  or  owners  of  any  lot 
fronting  or  abutting  on  said  improvement,  shall  have  the  right  for  a 
reasonable  time,  to  be  fixed  by  the  city  council,  to  fill,  grade,  pave 
or  plank,  in  front  of  his,  her  or  their  own  lot  or  lots,  and  receive 
a  proportionate  credit  therefor. 

Sec.  2.  The  provisions  of  section  eight  of  article  seven  of  the 
act  to  which  this  is  an  amendment  shall  be  held  to  apply  to  this  act. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved  January  22,  1863. 


% 


PART  SECOND 


.A. NT  ORDINANCE 

TO  ADOPT  THE  ORDINANCES  OF  THE  CITY  OF  CAIRO, 

AS  REVISED  AND  CODIFIED. 

Whereas,  numerous  ordinances  have  heretofore  been  passed  by  the 
City  Council  of  the  city  of  Cairo,  many  provisions  of  which  are 
in  conflict  with  each  other,  by  means  whereof  the  amendment 
of  some,  and  the  modification  of  other  ordinances,  has  become 
necessary j  new  provisions,  on  account  of  the  growth  and  pros¬ 
perity  of  the  city,  are  demanded  in  its  laws ;  and  the  ordinances 
heretofore  passed  are  without  a  proper  and  lucid  arrangement, 
Therefore ,  he  it  ordained  by  the  City  Council  of  the  City  of 
Cairo  : 


CHAPTER  I. 

CITY  COUNCIL. 


Section— 

1.  Regular  Meetings,  when;  how  Special 

Meetings  called,  and  by  whom. 

2.  Quorum,  what. 

3.  Rules :  1,  Who  Chairman,  and  when 

to  take  the  chair;  2,  Reading  of 
Journal ;  3,  Unfinished  Business  ;  4, 
Roll  Call,  how;  5,  Motions,  when 
to  be  reduced  to  writing ;  6,  when 
motion  made  and  seconded,  in 
whose  possession;  7,  when  motion 
may  be  withdrawn^  8,  how  Ques¬ 
tions  shall  be  put ;  9,  “Ayes  ”  and 
“  Nays” ;  10,  when  Question  before 
the  house,  what  motions  proper; 
11,  Motion  to  Adjourn,  when  in 
order;  12,  how  Previous  Question 
shall  be  put ;  13,  Division  of  Mem- 


Section — 

bers;  14,  Recommitment  of  Ordi¬ 
nance  ;  15,  Voting,  when  member 
may  be  excused;  16,  Protest;  17, 
Piling  Blanks,  how  done  ;  18,  Per¬ 
sonal  Interest,  disqualification ;  19, 
Chairman  may  decide  questions 
of  order;  20,  Duty  of  Chairman, 
order ;  21,  Personalities  ;  22,  Stand¬ 
ing  Committees ;  23,  Duty  of  Ordi¬ 
nance  Committee ;  24,  Committees, 
how  appointed;  25,  Appropriations, 
if  objected  to,  to  whom  referred ; 
26,  How  to  Address  the  Chair ;  27, 
Suspension  of  Rules;  28,  When 
Vote  of  Council  may  be  reconsid¬ 
ered,  and  how ;  29,  Disturbing 

Council,  how  punished. 


Section  1.  There  shall  be  a  regular  meeting  of  the  city  council 
held  on  the  first  Monday  of  each  month,  at  7\  o’clock,  P.  M.,  at 


38 


ORDINANCE. 


such  place  as  the  council  may  by  ordinance  or  resolution  direct, 
and  the  mayor  or  any  two  aldermen  may  call  special  meetings,  by 
giving  a  written  notice  to  each  member  of  the  council  personally,  or 
by  leaving  such  notice  at  the  usual  place  of  abode  of  each  member  of 
the  council;  said  notices  shall  be  prepared  by  the  city  clerk,  upon 
requisition  of  the  mayor  or  any  two  ^aldermen,  and  shall  be  served 
by  the  police  constable  designated  for  duty  in  the  day  time,  or  the 
city  marshal. 

Sec.  2.  No  business  shall  be  transacted  by  the  city  council,  unless 
the  mayor  and  a  majority  of  all  the  aldermen  elected  be  present, 
or  unless  nine  aldermen  be  present  without  the  mayor.  The-  mayor 
and  any  three  aldermen,  or  any  five  aldermen  without  the  mayor, 
when  legally  convened,  may  adjourn  from  day  to  day,  and  may 
require  the  attendance  of  the  other  aldermen,  by  written  notices 
served  personally,  or  left  at  their  usual  places  of  abode.  In  the 
absence  of  the  mayor,  the  council  may  appoint  a  chairman. 

Sec.  3.  The  following  rules  shall  be  observed  in  conducting 
the  business  of  the  city  council,  viz. : 

1.  The  mayor  shall  take  the  chair  at  the  hour  appointed  for  the 
council  to  meet,  and  shall  immediately  call  the  members  to  order. 
The  roll  shall  be  called,  and  the  mayor,  at  the  instance  of  any  two 
members  present,  shall  order  the  attendance  of  absent  members. 

2.  At  the  stated  meetings  of  the  council,  the  reading  of  the 
journal  of  the  preceding,  stated  and  intervening  special  meetings 
shall  be  first  in  order,  unless  unanimously  dispensed  with,  and  the 
unfinished  business  appearing  thereon,  shall  be  then  disposed  of, 
unless  otherwise  directed  by  the  council. 

3.  After  the  unfinished  business  is  disposed  of,  reports  from 
committees  shall  be  called  for,  petitions,  applications  and  accounts, 
if  any,  shall  be  presented  and  acted  upon,  and  then  new  business 
may  be  introduced. 

4.  When  the  roll  of  the  council  is  called,  the  names  of  the 

4 

members  shall  be  called  in  alphabetical  order. 

5.  Every  motion  or  proposition  shall,  if  the  chairman  or  any 
member  requires  it,  be  reduced  to  writing,  and  the  name  of  the 
member  offering  a  resolution  or  motion  shall  be  entered  with  it 
upon  the  journal. 


ORDINANCE. 


39 


6.  When  a  motion  is  made  and  seconded,  it  shall  be  deemed  to 
be  in  possession  of  the  council,  and  shall  be  stated  by  the  chairman, 
or,  being  in  writing,  shall  be  delivered  to  the  clerk,  and  read  by 
him  or  the  chairman  previous  to  debate. 

7.  After  a  motion  is  stated  by  the  chairman  or  read  by  the  clerk, 
it  may  be  withdrawn  by  the  mover  at  any  time  before  decision  or 
amendment. 

8.  All  questions  shall  be  put  in  form,  u  as  many  as  are  of  opinion” 
(as  the  case  may  be)  will  say  aye,  and  the  contrary,  no.  In  doubtful 
cases  the  chairman  may  direct,  or  any  member  may  call  for  a 
division. 

9.  When  demanded  by  any  member  present,  the  ayes  and  nays 
shall  be  entered  on  the  journal,  and  they  shall  be  taken  upon  the 
passage  of  every  ordinance  and  entered  on  the  journal. 

10.  When  a  question  is  before. the  council,  no  motion  shall  be 
received,  unless  to  amend,  to  postpone,  or  commit  the  main  question, 
to  lay  it  on  the  table,  or  for  the  previous  question,  or  to  adjourn. 

11.  A  motion  to  adjourn  shall  always  be  in  order,  unless  the 
council  is  engaged  in  voting,  and  shall  be  decided  without  debate. 

12.  The  previous  question  shall  be  put  in  these  words  :  “  Shall 
the  main  question  now  be  put  V’  And  until  decided  shall  preclude 
all  debate  or  amendment  of  the  main  question. 

13.  Any  member  may  call  for  a  division  of  the  question,  when 
the  same  shall  admit  thereof. 

14.  An  ordinance  after  commitment  and  report  thereon,  may  be 
recommitted  at  any  time  previous  to  its  final  passage. 

15.  Every  member  present,  when  a  question  is  put,  shall  vote, 
unless  interested,  or  the  council  shall,  for  special  reasons,  excuse 
him  from  so  doing. 

16.  Any  member  shall  have  the  liberty  to  dissent  from  and 
protest  against  any  ordinance,  resolution  or  order  of  the  council. 

17.  In  filling  blanks,  the  largest  sum  and  longest  time  shall  be 
put  first. 

18.  No  member  shall  vote  when  personally  interested  in  the 
decision  of  the  question  before  the  council,  nor  shall  any  member 
be  security  on  any  bond,  note  or  obligation  given  to  the  city. 


40 


ORDINANCE. 


19.  The  chairman  shall  have  a  right  to  decide  all  questions  of 
order,  subject  to  an  appeal  to  the  council. 

20.  The  chairman  shall  preserve  decorum,  and  if  any  member 
transgresses  the  rules  of  the  council,  the  chairman  shall,  or  any 
member  may,  call  him  to  order,  in  which  case  the  member  called 
to  order  shall  immediately  sit  down  and  be  silent.  The  council,  if 
appealed  to,  may  permit  the  member  to  explain,  and  shall  decide 
the  matter. 

21.  No  personalities  or  reflections,  injurious  to  the  feelings  or 
harmony  of  the  council,  shall  be  tolerated,  and  the  member 
indulging  in  any  such  personalities  shall  be  called  to  order  by  the 
chairman. 

22.  The  standing  committees  of  the  council  shall  be  as  follows,  viz. : 

On  streets,  to  be  composed  of  a  member  from  each  ward. 

On  claims,  of  three  members. 

On  police  and  jail,  of  three  members. 

On  ordinances,  of  three  members. 

On  fire  department,  of  three  members. 

On  markets,  of  three  members. 

On  drainage,  of  five  members. 

And  the  mayor  shall  be,  ex-ojjicio ,  a  member  of  all  standing 
committees. 

*  - 

23.  Every  ordinance  presented  to  the  council,  not  having  been 
drawn  by  the  ordinance  committee,  shall  be  referred  to  said  com¬ 
mittee,  and  a  written  report  made  by  said  committee  to  the  council 
before  a  vote  on  its  passage  shall  be  taken,  and  every  ordinance 
shall  be  read  at  two  separate  meetings  of  the  city  council,  with  an 
interval  between  of  at  least  one  week,  before  it  is  put  on  its  final 
passage. 

24.  All  committees  shall  be  appointed  by  the  mayor,  unless 
otherwise  directed  by  the  council,  in  which  case  they  shall  be 
appointed  by  ballot. 

25.  Every  proposition  involving  the  expenditure  of  money,  if 
objected  to,  shall  be  referred  to  an  appropriate  standing  committee, 
and  a  report  made  thereon  to  the  council  before  a  vote  is  taken  on 
the  expenditure. 


i 


ORDINANCE. 


41 


26.  Every  member,  when  addressing  the  chairman  on  any  sub¬ 
ject  before  the  council,  shall  rise  from  his  seat. 

27.  The  foregoing  rules,  nor  any  of  them,  nor  any  part  thereof, 
shall  be  suspended,  changed,  modified,  repealed  or  annulled,  unless 
by  the  consent  and  concurring  vote  of  two-thirds  of  the  aldermen 
present. 

28.  No  vote  of  the  city  council  shall  be  reconsidered  or  re¬ 
scinded  at  a  special  meeting,  unless  the  meeting  be  called  in  whole 
or  in  part  for  that  purpose,  and  the  aldermen  be  so  notified,  and 
unless  at  such  special  meeting  there  be  present  as  large  a  number 
of  aldermen  as  was  present  when  the  vote  was  taken. 

29.  Every  person,  who  shall  disturb  any  meeting  of  the  city 
council  by  rude,  noisy  or  other  improper  behavior,  in  the  council 
chamber  or  in  its  neighborhood,  or  interfere  in  any  manner  with 
the  proceedings,  deliberations  or  business  of  the  city  council,  shall 
forfeit  and  pay  for  the  use  of  the  city,  a  sum  not  less  than  twenty- 
five  dollars,  nor  more  than  one  hundred  dollars  for  each  and  every 
olfense,  and  shall  stand  committed  to  the  city  jail  until  such  fine 
and  the  costs  of  prosecution  are  paid :  Provided ,  each  rude,  noisy 
or  other  improper  act  shall  constitute  a  separate  and  distinct 
offense. 


CHAPTER  II. 

CITY  OFFICERS. 


Section — 

4.  What  Additional  Officers  shall  be 

elected  at  general  election ;  Com¬ 
pensation. 

5.  Delivering  up  of  Papers  on  removal, 

or  expiration  of  office,  or  resigna¬ 
tion  ;  fine  in  case  of  failure. 

6.  How  any  Officer  may  be  removed. 

7.  Assessor  and  Collectoi'. 

8.  His  duties  ;  amount  of  bond. 

9.  City  Attorney ;  his  duties. 

10.  City  Clerk ;  his  duties. 

11.  Bond  of  City  Clerk. 

12.  His  Office  Hours. 

13.  In  case  Papers  disappear  from  his 

office,  what  fine. 

14.  His  Sign. 


Section — 

15.  How  persons  punished  Abstracting 

Papers  from  his  office. 

16.  City  Comptroller. 

17.  His  duties. 

18.  His  additional  duties. 

19.  Amount  of  his  Bond. 

20.  City  Engineer. 

21.  His  duties. 

22.  Harbor  Master. 

23.  Market  Master. 

24.  City  Marshal  and  Police  Constables ; 

what  shall  constitute  city  police. 

25.  Duties  of  City  Marshal  and  Police; 

special  duties  of  the  City  Marshal. 

26.  City  Police  has  Power  of  Constables 

at  common  law. 


6 


42 


ORDINANCE. 


Section — 


Section — 


27.  County  Constables  of  Cairo  precinct, 
Police  Constables  of  Cairo. 


32.  Bystanders,  in  case  they  refuse  assist¬ 
ance,  how  fined. 


28.  Mayor  may  employ  additional  Con¬ 
stables,  when. 


33.  Duties  of  the  City  Treasurer. 


29.  Bonds  of  City  Marshal  and  Police 
Constables. 


34.  Accounts  to  be  open  for  Inspection ; 
to  cancel  city  orders;  in  case  of 
failure,  how  fined. 


30.  Buies  and  Regulations  to  be  pre¬ 
scribed  by  mayor. 


35.  Bond  of  the  City  Treasurer;  amount. 


36.  To  keep  Separate  Accounts  of  the  dif¬ 
ferent  funds. 


31.  Persons  Resisting  Officers,  how  pun¬ 
ished. 


37.  Must  keep  an  Office  in  central  loca¬ 
tion. 


Section  4.  At  each  general  annual  election  for  city  officers 
there  shall  be  elected  by  the  legal  voters  of  the  city,  a  mayor,  city 
clerk,  city  attorney,  city  treasurer,  and  city  marshal,  who  shall 
hold  their  offices  for  the  term  of  one  year,  and  until  their  succes¬ 
sors  are  duly  elected  and  qualified,  and  shall  each  receive  for  their 
services  such  compensation,  and  be  subject  to  such  regulations,  as 
the  city  council  may  from  time  to  time  adopt  and  prescribe. 

Sec.  5.  Each  and  every  officer  elected  by  the  legal  voters  of 
the  city,  or  appointed  by  the  city  council,  on  his  resignation, 
removal  from  office,  or  the  expiration  of  his  term  of  office,  shall 
deliver  up  to  his  successor,  or  to  the  mayor,  or  city  council,  all 
books,  papers,  documents  and  other  property  belonging  to  the  city 
and  pertaining  to  his  office  ;  and  any  such  officer  refusing  or 
neglecting  to  deliver  up  the  same  or  any  portion  thereof,  when 
required,  shall  forfeit  and  pay,  for  the  use  of  the  city,  the  sum  of 
ten  dollars  for  each'  and  every  day  he  shall  retain  any  of  said 
property  after  demand  made. 

Sec.  6.  Any  officer  elected  by  the  legal  voters  of  the  city,  or 
appointed  by  the  city  council,  may  at  any  time  be  removed  from 
office  by  a  vote  of  a  majority  of  all  the  aldermen  elected,  for 
incompetency,  negligence,  dereliction  or  violation  of  duty,  or  other 
cause,  whenever  said  council  shall  think  the  interest  of  the  city 
requires  such  removal :  Provided ,  however,  that  no  officer  shall  be 
removed  as  aforesaid,  until  he  shall  have  had  at  least  five  days’ 
notice  of  such  intended  removal,  and  of  the  charge  or  charges 
preferred  against  him,  served  upon  him  by  the  mayor  or  city  clerk, 
and  an  opportunity  given  him  to  exculpate  himself  before  said 
council :  and  Provided  further ,  that  when  charges  are  made  against 


ORDINANCE. 


an  officer,  the  mayor,  if  satisfied  of  their  truth,  shall  have 
authority  to  suspend  him  from  office  until  the  same  have  been 
investigated  and  disposed  of  by  said  council;  and  during  such 
suspension  the  powers,  duties  and  compensation  of  such  officer 
shall  also  be  suspended. 

ASSESSOR  AND  COLLECTOR. 

Sec.  7.  There  shall  be  appointed  by  the  mayor,  with  the 
advice  and  consent  of  a  majority  of  the  city  council,  an  assessor  and 
collector,  who  shall  hold  his  office  for  one  year,  and  until  his 
successor  is  appointed  and  qualified. 

Sec.  8.  The  assessor  and  collector  shall  execute  bonds  to  the 
city  in  the  sum  of  fifty  thousand  dollars,  with  sufficient  security,  to 
be  approved  by  the  city  council,  conditioned  for  the  faithful 
performance  of  his  duties,  and  accounting  for  and  paying  over  all 
moneys  and  delivering  up  all  books,  papers,  and  other  property  that 
may  come  into  his  hands  by  virtue  of  his  office,  and  shall  also  take 
an  oath  of  office,  and  keep  an  office  for  the  transaction  of  his 
business  in  a  central  and  convenient  location. 

CITY  ATTORNEY. 

Sec.  9.  It  shall  be  the  duty  of  the  city  attorney  to  draft  all 

bonds,  warrants,  certificates,  leases,  conveyances  and  other  writings 

which  may  be  required  of  him  by  the  mayor  of  the  city  or  by  any 

resolution  of  the  city  council*,  which  it  may  deem  necessary  to  be 

done  in  behalf  of  the  city,  and  which  by  law  or  usage  shall  be 

prepared  at  the  expense  of  the  city;  commence  and  prosecute  in 

proper  form  all  and  every  suit  or  suits,  action  or  actions  brought 

or  to  be  brought  in  any  court  in  this  State,  wherein  the  city  shall 

* 

be  interested  as  plaintiff,  defend  all  actions  or  suits  brought  or 
that  maybe  brought  against  the  city;  do  all  and  every  professional 
act  incident  to  the  office ;  and  when  required,  give  the  city  council, 
or  any  of  its  committees,  or  any  officer  of  the  city,  his  opinion  on 
any  subject,  pertaining  to  the  interests  or  concerns  of  the  city, 
submitted  by  them. 

CITY  CLERK. 

Sec.  10.  It  shall  be  the  duty  of  the  city  clerk  to  attend  the 
stated  and  special  meetings  of  the  city  council,  keep  a  correct 


44 


ORDINANCE. 


journal  of  all  its  proceedings;  record  tlie  same  in  a  book  to  be  kept 
for  that  purpose  ;  record  in  a  separate  book  all  ordinances  which 
may  be  passed  from  time  to  time  by  the  city  council,  numbering 
them  consecutively  in  the  order  of  their  passage;  and  cause  the 
said  journals  and  the  ordinances  to  be  published  as  required  by  the 
city  charter  ;  keep  and  preserve  safely  the  city  seal,  and  all  papers 
pertaining  to  his  office ;  prepare  and  deliver  all  licenses,  and  keep 
lists  of  the  same ;  draw  all  warrants  on  the  treasurer  in  pursuance 
of  ordinance  or  resolution  of  the  city  council,  notify  all  officers  of 
their  appointment  or  election,  members  of  the  city  council  of  all 
special  meetings,  and  all  committees  of  their  appointment,  and  of 
the  business  referred  to  them ;  engross  and  submit  to  the  mayor, 
within  three  days  after  their  passage,  for  his  approval  and  signature, 
all  ordinances  and  resolutions  requiring  his  approval ;  and  generally 
to  do  and  perform  such  other  duties  as  may  at  any  time  be  enjoined 
on  him  by  ordinance  or  resolution  of  the  city  council :  Provided , 
that  in  case  of  the  absence  of  the  city  clerk  from  any  of  the 
special  or  stated  meetings  of  the  board,  or  inability  to  act,  the  city 
council  may  appoint  one  of  its  own  members,  or  any  other  person 
as  clerk  pro  tem.  during  the  absence  or  inability  of  said  city  clerk. 

Sec.  11.  The  city  clerk  shall  execute  bonds  to  the  city  in  the 
sum  of  two  thousand  dollars  with  sufficient  security,  to  be  approved 
by  the  city  council,  conditioned  for  the’ faithful  performance  of  his 
duties,  and  the  delivery  to  his  successor  in  office  of  all  books, 
papers,  property  and  effects  belonging  to  the  city. 

Sec.  12.  The  city  clerk  shall  keep  his  office  open  for  business 
every  day,  Sundays  excepted,  from  nine  till  twelve  o’clock  in  the 
morning,  and  from  two  till  five  o’clock  in  the  afternoon. 

Sec.  13.  If  the  city  clerk  shall  suffer  any  record,  paper  or 
other  instrument  in  writing  in  his  possession  as  such  clerk,  to  be 
carried  out  of  his  office  by  any  other  person  than  himself,  the 
mayor,  city  comptroller  or  a  committee  of  the  city  council,  or  shall 
lose  any  such  record,  paper,  or  other  instrument  of  writing,  he 
shall  forfeit  and  pay,  for  the  use  of  the  city,  not  less  than  ten 
dollars  nor  more  than  twenty-five  dollars  for  each  and  every  offense  : 
Provided ',  the  omission  or  neglect  to  produce  such  record,  paper,  or 


ORDINANCE. 


45 


other  instrument  of  writing  for  twelve  hours  after  demand  made 
for  it  by  the  city  council,  or  any  person  or  persons  authorized  to 
demand  such  production,  shall  be  prima  facie  evidence  of  such 
loss. 

Sec.  14.  The  city  clerk  shall  have  prepared  and  affixed  over 
or  at  the  outside  of  the  entrance  to  his  office,  a  sign,  with  the 
words,  “  City  Clerk,  office  hours  from  9  till  12,  and  from  2  till 
5,”  plainly  painted  on  it,  so  as  to  indicate  the  time  and  place,  when 
and  where  he  can  be  found. 

Sec.  15.  Every  person  who  shall  take  out  of  the  possession  of 
the  city  clerk,  or  remove  from  his  office  any  paper,  document, 
record  or  instrument  in  writing  belonging  to  the  city,  without  the 
consent  of  said  clerk,  shall  forfeit  and  pay,  for  the  use  of  the  city, 
a  sum  not  less  than  twenty-five  dollars  nor  more  than  fifty  dollars 
for  each  and  every  offense. 

CITY  COMPTROLLER. 

Sec.  16.  There  shall  be  appointed  by  the  mayor,  by  and  with 
the  consent  of  a  majority  of  the  city  council,  a  city  comptroller, 
who  shall  hold  his  office  for  one  year  and  until  his  successor  is 
appointed  and  qualified. 

Sec.  17.  The  city  comptroller  shall  be  the  fiscal  agent  of  the 
city,  and  as  such  shall  make  all  purchases  for  the  city  which  may 
be  necessary  to  carry  on  the  public  works,  and  other  city  improve¬ 
ments  ;  shall  examine  all  accounts  which  may  exist  against  the 
city,  before  the  same  are  presented  to  the  city  council,  claimants 
being  required  to  present  their  accounts  for  proper  endorsement 
as  to  their  correctness  to  him  at  least  twenty-four  hours  before 
the  meeting  of  the  council  at  which  they  wish  their  accounts 
allowed ;  shall  have  power  to  investigate,  and  by  and  with  consent 
of  council,  to  settle,  collect  and  compromise  all  claims  due  or  held 
against  the  city;  shall  see  that  all  fines  or  other  moneys  due  the 
city  from  police  magistrates,  collectors,  harbor  and  market  masters, 
and  all  others  having  charge  of  the  collection  of  the  funds  of  the 
city,  are  correctly  accounted  for  and  paid  into  the  treasury;  and 
shall  also  attest  the  correctness  of  the  monthly  reports  of  the 
different  city  officers. 


46 


ORDINANCE. 


Sec.  18.  The  city  comptroller  shall  keep  an  account  of  all 
receipts  and  disbursements  of  money,  funds,  and  revenue  belonging 
to  the  city,  in  convenient  books,  in  which  shall  be  opened  and 
kept  in  a  proper  manner  general  and  separate  accounts  of  all  the 
receipts  and  disbursements  of  the  various  funds  of  the  city,  and  a 
particular  personal  account  with  each  individual  receiving  any 
contracts  or  moneys,  or  performing  any  work,  giving  each  person 
credit  for  the  amount  of  every  contract  or  other  work  performed, 
and  charging  him  with  the  amount  of  warrants,  orders,  judgments, 
rents,  compromises,  deductions  or  releases  granted  or  made  against 
him  or  in  his  favor.  And  the  said  comptroller  shall,  on  or  before 
the  first  day  of  March  of  every  year,  make  out  and  present  to  the 
council  for  publication,  a  particular  and  detailed  statement  of  the 
receipts  and  expenditures  of  all  inoneys  belonging  to  the  city 
during  the  preceding  year. 

Sec.  19.  Before  entering  upon  the  duties  of  his  office,  the  city 
comptroller  shall  enter  into  a  bond  in  the  sum  of  $5,000,  with  good 
and  sufficient  security,  conditioned  for  the  faithful  and  impartial 
performance  thereof. 

CITY  ENGINEER. 

Sec.  20.  There  shall  be  appointed  by  the  mayor,  by  and  with 
the  consent  of  a  majority  of  the  city  council,  a  city  engineer,  who 
shall  hold  his  office  for  one  year  and  until  his  successor  is  appointed 
and  qualified. 

Sec.  21.  It  shall  be  the  duty  of  the  city  engineer  to  superin¬ 
tend  the  construction  of  all  public  works  ordered  by  the  city,  to 
make  out  plans  and  estimates  therefor,  and  to  contract  for  the 
execution  of  the  same,  under  the  direction  of  the  city  council, 
street  committee,  or  board  of  public  works ;  to  perform  all  the 
surveying  and  engineering  required  by  the  city,  and  generally  such 
other  professional  services  as  may  be  demanded  of  him. 

HARBOR  MASTER. 

Sec.  22.  There  shall  be  appointed  by  the  mayor,  by  and  with 
the  consent  of  a  majority  of  the  city  council,  a  harbor  master  for 
the  term  of  one  year  and  until  his  successor  is  appointed  and 
qualified,  who  shall  do  and  perform  such  duties  as  are  set  forth  in 


ORDINANCE. 


47 


the  chapter  on  “  Harbor/’  of  this  ordinance,  and  as  may  hereafter 
be  prescribed  by  the  city  council. 

MARKET  MASTER. 

Sec,  23.  There  shall  be  annually  appointed  a  market  master  by 
the  mayor,  by  and  with  the  consent  of  a  majority  of  the  city 
council,  who  shall  perform  all  the  duties  and  carry  out  all  the 

provisions  that  are  now  provided  for  in  the  chapter  on  “  Markets,” 

* 

or  that  may  hereafter  be  ordained  by  the  city  council. 

CITY  MARSHAL  AND  POLICE  CONSTABLES. 

Sec.  24.  The  police  force  of  the  city  shall  consist  of  the  city 
marshal,  who  shall  be  ex-officio  captain  of  the  day  police,  a  captain 
of  the  night  police,  and  such  policemen  as  the  city  council  may 
from  time  to  time  appoint. 

Sec.  25.  It  shall  be  the  duty  of  the  city  marshal  and  police 
constables,  and  of  each  of  them,  to  execute  and  return  all  writs, 
processes,  warrants  and  precepts  which  may  be  issued  against  any 
person  or  persons  for  the  violation  of  any  ordinance  of  the  city ;  to 
collect  all  fines,  forfeitures  and  penalties  which  may  be  assessed  or 
recovered  for  the  use  of,  or  accrue  to  the  city,  not  otherwise  provided 
for  by  ordinance ;  remove  all  nuisances  in  conformity  with  the 
ordinances  relating  to  the  same ;  give  to  the  city  attorney  informa¬ 
tion  of  each  and  every  breach  of  any  ordinance  of  said  city;  to  be 
diligent  in  observing  and  reporting  all  infractions  of  ordinances, 
and  generally  to  do  and  perform  all  such  duties  as  may  be  enjoined 
on  them,  or  either  or  any  one  of  them,  by  ordinance  or  resolution 
of  the  city  council.  And  it  shall  be  the  special  duty  of  the  city 
marshal  to  remove  all  carrion,  dead  animals,  offal,  and  nuisances  of 
like  description,  from  the  streets  of  the  city;  observe  that  the 
ordinances  of  the  city  in  relation  to  obstructions  in  the  streets  and 
nuisances  generally,  are  observed  and  complied  with,  and  serve  such 
notices  relative  to  the  abatement  and  removal  of  such  nuisances  as 
may  now  be  required  by  law  ;  observe  that  all  ordinances  in  relation 
to  licences  of  every  description  are  complied  with.  Also,  to  kill  all 
dogs  running  at  large  contrary  to  ordinance  ;  observe  the  condition 
of  sidewalks  and  crosswalks,  and  give  due  notice  to  the  mayor  or 


48 


ORDINANCE. 


street  committee  wliere  said  sidewalks  and  crosswalks  require 
repairs ;  serve  all  notices  of  the  meetings  of  the  city  council,  board  • 
of  public  works,  or  any  committee  •  attend  all  meetings  of  the  city 
council  and  prepare  their  room  for  said  meetings )  take  charge  of 
the  city  rooms,  and  generally  to  perform  such  duties  in  regard  to 
the  ordinances  of  the  city  as  may  be  required  of  him  by  the  mayor 
or  any  committee  of  the  city  council. 

Sec.  26.  In  the  performance  of  any  duty  enjoined  on  them  by 
any  ordinance  of  the  city  council,  the  city  marshal  and  police 
constables,  and  each  of  them,  shall  be  and  are  hereby  invested  with 
all  such  powers  as  are  conferred  upon  constables  by  common  law,  or 
the  laws  of  this  State ;  they,  and  each  of  them,  shall  have  authority 
to  arrest  or  cause  to  be  arrested  on  view,  with  or  without  process, 
all  persons  breaking  the  peace  or  threatening  to  break  the  peace,  or 
found  violating  any  ordinance  of  the  city,  and  to  commit  for  exam¬ 
ination,  and  if  necessary  detain  such  person  or  persons  in  custody 
over  night  or  the  Sabbath  in  the  city  jail,  or  other  safe  place,  until 
they  can  be  brought  before  a  magistrate. 

Sec.  27.  The  county  constables,  now  or  hereafter  to  be  elected 
for  the  Cairo  precinct  shall  be,  and  they  are  hereby  appointed  police 
constables  of  the  city  of  Cairo,  and  they  shall  be  and  are  hereby 
invested  with  all  the  powers  which  are  now  or  may  be  hereafter 
possessed  by  said  police  constables,  under  and  by  virtue  of  the 
ordinances  of  the  said  city.  They  shall  be  entitled  to  receive  the 
same  fees  for  their  services,  under  the  said  ordinances,  and  be 
subject  to  the  same  conditions  and  regulations  :  Provided ,  they 
shall  receive  no  compensation  from  said  city. 

Sec.  28.  The  mayor  is  authorized  to  employ  as  many  special 
police  constables  as  he  may  deem  necessary,  to  preserve  the  peace 
of  the  city  by  night  or  by  day,  at  such  compensation  as  he  can 
arrange  for,  and  they  shall  have  the  same  authority  to  make  arrests 
as  other  police  constables  of  the  city,  and  to  call  upon  citizens  and 
bystanders  to  assist  them  in  sustaining  the  supremacy  of  the  laws 
as  the  police  constables  or  city  marshal  may  order :  Provided ,  they 
are  subject  to  removal  at  any  time. 

Sec.  29.  The  city  marshal  and  police  constables  of  the  city, 


ORDINANCE.  49 

shall  each  execute  bonds  for  the  faithful  performance  of  their  duties 
in  the  sum  of  one  thousand  dollars,  with  sufficient  security  to  be 
approved  by  the  city  council  :  Provided ,  the  city  council  may  at 
any  time  require  the  execution  of  new  bonds,  from  any  of  the 
officers  above  named,  in  similar  or  larger  amounts,  as  they  may  deem 
expedient. 

Sec.  30.  The  mayor  is  hereby  authorized  to  prescribe  and  estab¬ 
lish  such  regulations  for  the  government  of  the  police  constables, 
the  jail  and  the  jailer,  as  he  may  think  proper,  and  not  inconsistent 

t 

with  the  ordinances  and  regulations  of  the  city  council  ;  and  for 
any  dereliction  of  duty  he  may  suspend  any  police  constable  or  jailer 
from  office  until  the  next  meeting  thereafter  of  the  city  council, 
and  appoint  another  in  his  stead;  and  if  such  suspension  is  confirmed, 
the  pay  of  such  officer  shall  cease  from  the  time  of  such  suspension. 

Sec.  31.  If  any  person  or  persons  shall  resist  or  oppose  the 
city  marshal,  or  any  police  constable,  watchman  or  other  officer, 
acting  under  the  authority  of  the  city  council,  in  the  enforcement 
of  any  of  the  ordinances  of  the  city,  he,  she  or  they  shall  forfeit 
>  and  pay  for  the  use  of  the  city  a  sum  not  less  than  ten  dollars,  nor 
more  than  fifty  dollars  for  each  and  every  offense. 

Sec.  32.  If  any  bystander  or  bystanders,  when  commanded  by 
the  city  marshal  or  other  city  officer,  referred  to  in  the  preceding 
section,  to  do  so,  shall  refuse  or  neglect  to  aid  him  in  arresting  and 
conveying  to  the  city  jail  any  person  violating  any  of  the  ordinances 
of  the  city  council,  he,  or  they  shall  forfeit  and  pay  for  the  use  of 
the  city  a  sum  not  less  than  ten  dollars,  nor  more  than  fifty  dollars 
for  each  and  every  offense. 

.  CITY  TREASURER. 

Sec.  33.  It  shall  be  the  duty  of  the  city  treasurer  to  receive 
and  take  under  his  charge  all  money  belonging  to  the  city ;  keep  a 
true  and  accurate  account  of  all  moneys  received  and  disbursed  by 
him,  showing  the  date  of  the  receipt  and  disbursement  thereof,  of 
whom  received,  to  whom  paid,  and  on  what  account;  pay  out  all 
such  sums  of  money  as  may  be  ordered  by  the  city  council,  the 
warrants  therefor  being  drawn  by  the  city  clerk,  and  countersigned 
by  the  mayor  or  president  of  the  city  council  for  the  time  being, 

7 


50  ORDINANCE. 

and  finally  to  make  a  monthly  report  of  the  state  of  the  treasury, 
and  of  his  acts  and  doings  to  the  city  council,  or  oftener,  if  required 
by  said  city  council. 

Sec.  34.  The  accounts  of  the  city  treasurer  shall  always  be 
open  to  inspection  by  the  mayor,  city  comptroller,  or  any  member 
of  the  city  council,  and  shall  be  kept  in  such  a  manner  as  to  show 
at  all  times  the  exact  state  of  the  receipts  and  expenditures.  He 
shall  cancel  all  city  orders  received  by  him,  by  cuttidg  or  marking 
the  word  “  cancelled  ”  with  red  ink  across  the  face  of  the'  same,  and 
shall  not  re-issue  the  same  )  and  for  every  violation  of  this  provision 
of  this  section,  whether  by  failure  to  cancel  or  by  re-issue  of  an 
order,  he  shall  forfeit  and  pay  to  said  city  of  Cairo  the  sum  of 
double  the  amount  of  any  such  order  so  failed  to  be  canceled,  or  so 
re-issued. 

Sec.  35.  The  city  treasurer  shall  execute  bonds  to  the  city  in 
the  sum  of  fifty  thousand  dollars,  with  sufficient  security,  to  be 
approved  by  the  city  council,  conditioned  for  the  faithful  perform¬ 
ance  of  his  duties,  and  accounting  for  and  paying  over  all  moneys 
and  delivering  up  all  books,  papers,  and  other  property  that  may 
come  into  his  hands  by  virtue  of  his  office. 

Sec.  36.  The  city  treasurer  shall  keep  separate  and  distinct 
accounts  of  the  receipts  and  expenditures  of  each  particular  fund 
arising  from  special  or  general  assessments,  or  otherwise,  and  shall 
make  report  of  such  receipts  and  expenditures,  for  the  previous 
month,  at  each  stated  monthly  meeting  of  the  city  council,  making 
separate  and  specific  reports  of  each  account,  and  for  any  failure  to 
do  so  he  shall  forfeit  all  compensation  and  percentage  for  services, 
for  the  month  for  which  he  shall  so  fail  to  make  report. 

Sec.  37.  The  city  treasurer  shall  keep  an  office  for  the  transac¬ 
tion  of  city  business,  in  a  convenient  and  central  location,  within 
the  limits  of  the  city. 


ORDINANCE. 


51 


CHAPTER  III. 


COMPENSATION  OF  CITY  OFFICERS. 


Section— 

38.  Salary  of  City  Officers,  how  fixed. 

39.  Salary  of  Mayor,  and  what  additional. 

40.  Salary  of  City  Clerk,  and  fees. 

41.  Fees  of  Assessor  and  Collector,  how 

paid. 

42.  Fees  of  City  Treasurer,  how  paid. 

43.  Fees  of  City  Attorney,  how  collected 

and  when  paid. 

44.  Salary  of  City  Marshal  and  Police. 


Section — 

45.  What  Fees  Police  Constables,  etc., 

may  collect. 

46.  Salary  of  City  Engineer. 

47.  Salary  of  City  Comptroller. 

48.  Salary  of  Market  Master. 

49.  Salary  of  Harbor  Master. 

50.  Salary  of  Aldermen. 

51.  Salary  of  Fire  Wardens. 


Sec.  38.  The  officers  of  the  city  shall  receive  such  compensa¬ 
tion  as  is  hereinafter  provided,  or  as  the  city  council  may  from  time 
to  time  by  ordinance  direct. 

Sec.  39.  The  mayor  shall  be  paid  a  salary  of  $500  per  annum; 
and  if  elected  president  of  the  board  of  public  works,  shall  receive 
an  additional  compensation  of  $1,000  as  such  president. 

Sec.  40.  The  city  clerk  shall  be  paid  a  salary  of  $1,500  per 
annum,  to  be  paid  in  monthly  installments;  and  the  following  fees, 
viz.  :  for  issuing  license,  one  dollar ;  for  transferring  license,  one 
dollar ;  for  taking  bond,  one  dollar ;  for  taking  and  certifying  copies 
of  ordinances,  resolutions,  or  other  matters  of  record  in  his  office, 
fifteen  cents  for  every  hundred  words  ;  for  giving  certificate  under 
seal  of  the  city,  one  dollar :  Provided ,  he  shall  not  be  entitled  to 
any  of  said  fees  when  done  at  the  request  of  and  for  the  city. 

Sec.  41.  The  assessor  and  collector  shall  be  entitled  to  receive 


as  a  compensation  for  his  services,  five  per  cent,  on  all  moneys 
received  and  paid  over  to  the  city  treasurer  by  him,  to  the  extent 
of  $10,000,  and  two  per  cent,  on  all  sums  over  that  amount :  Pro¬ 
vided ,  his  compensation  during  his  term  shall  not  -exceed  the  sum 
of  $1,500. 

Sec.  42.  The  city  treasurer  shall  be  allowed  as  g  compensation 
for  his  services  five  per  cent,  on  all  moneys  received  and  disbursed 
by  him  by  virtue  of  his  office,  to  the  extent  of  $10,000,  and  two 
per  cent,  on  all  sums  over  that  amount :  Provided ,  that  his  com¬ 
pensation  shall  not  exceed  the  sum  of  $1,000  during  his  term  of 
office. 


52 


ORDINANCE. 


Sec.  43.  The  city  attorney  shall  be  allowed  a  conviction  fee  of 
two  dollars  and  fifty  cents  ($2.50)  in  all  cases  actually  prosecuted 
by  him,  wherein  the  city  is  plaintiff,  and  judgment  rendered  for  a 
penalty,  and  the  penalty  collected ;  the  said  fee  to  be  taxed,  allowed 
and  collected  as  a  part  of  the  judgment  against  the  defendant : 
Provided ,  the  said  attorney  shall  not  be  entitled  to  said  fee  unless 
the  same  is  collected  against  the  defendant,  and  in  no  case  shall  it 
be  paid  by  the  city;  and  provided,  also,  that  in  case  of  the  absence 
or  inability,  for  any  reason,  of  the  city  attorney  to  attend  to  the 
prosecution  of  any  case,  or  neglect  or  refusal  to  act,  the  mayor 
sh’all  have  authority  to  employ  an  attorney,  temporarily,  to  attend 
to  the  city  business  during  such  absence  or  disability,  neglect  or 
refusal  to  act  of  the  city  attorney;  the  person  thus  employed  shall 
be  paid  the  conviction  fees. 

Sec.  44.  The  city  marshal  shall  be  paid  a  salary  at  the  rate  of 
$75  a  month,  payable  monthly;  and  the  police  constables  $60  a 
month  each,  excepting  the  captain,  who  shall  be  paid  $75  a  month. 

Sec.  45.  The  police  constables,  and  all  other  officers  authorized 
to  make  arrests  under  the  ordinances  of  the  city,  shall  be  allowed 
and  paid  for  all  services  rendered  by  them  in  pursuance  of  any 
authority  conferred  by  city  ordinances,  double  the  fees  that  are 
now  or  may  be  hereafter  allowed  to  county  constables  for  similar 
services  under  the  laws  of  the  State ;  and,  also,  in  addition  thereto, 
twenty-five  per  centum  of  the  amount  of  the  fine  or  penalty 
recovered  in  each  and  every  case,  where  the  fine  does  not  exceed 
twenty-five  dollars,  and  ten  per  cent,  on  the  excess  of  all  fines  over 
that  amount,  said  per  centage  to  be  paid  by  the  magistrate  or  court 
before  whom  it  shall  be  recovered,  to  the  officer  or  officers  making 
the  arrest  in  each  case  :  Provided ,  such  an  amount  shall,  in  no 
case,  be  paid  or  allowed  by  the  city,  unless  the  same  shall  actually 
be  recovered  from  and  paid  by  the  defendant  or  defendants ;  and 
that  costs  shall  in  no  case  be  paid  by  the  city  to  said  police 
constables  or  other  officers. 

Sec.  46.  The  city  engineer  shall  receive  a  salary  of  $2,000  per 
annum,  payable  in  monthly  installments,  for  the  faithful  performance 
of  his  duties. 


ORDINANCE. 


53 


Sec.  47.  The  salary  of  the  city  comptroller  shall  be  $1,500  per 
annum,  payable  in  monthly  installments. 

Sec.  48.  The  market  master  shall  receive  a  compensation  of 
$1,000  a  year,  to  be  paid  at  the  end  of  each  month. 

Sec.  49.  The  harbor  master’s  salary  shall  be  $1,000  a  year, 
payable  every  month. 

Sec.  50.  The  aldermen  of  the  city  shall  each  receive  $5.00  for 
their  attendance  at  every  stated,  adjourned  or  special  meeting  of 
the  city  council. 

Sec.  51.  The  fire  wardens  shall  each,  for  the  faithful  discharge 
of  their  duties,  be  allowed  the  yearly  compensation  of  $100,  to  be 
paid  in  quarterly  installments. 


CHAPTER  I Y. 

ELECTIONS. 


Section — 

52.  General  Election,  when  held. 

53.  Judges  of  Election,  and  Board  of  Reg¬ 

istry,  how  appointed ;  who  may  be. 

54.  Clerk  may  be  appointed ;  oath. 

55.  When  no  quorum  of  City  Council, 

how  election  ordered. 

56.  Ballot  Boxes;  who  shall  provide,  and 

how  to  be  exhibited  before  election. 

57.  Mayor  may  appoint  Special  Police ; 

when. 

58.  Power  of  the  Judges  to  preserve  or¬ 

der  ;  what  fine  for  disturbance,  etc.,, 
at  the  polls. 

59.  Attempt  to  seize  Ballot  Box,  how 

punished. 

60.  In  case  Ballot  Box  is  seized,  election 

void. 

61.  When  Polls  shall  be  opened ;  what 

shall  be  done  after  polls  are  closed; 
Candidates  may  be  present  at  the 
counting. 

62.  After  Count,  what  done. 

63.  Certified  Statement  of  Judges. 


Section — 

64.  What  City  Clerk’s  duties  upon  receipt 

of  certified  statement ;  meeting  of 
Council. 

65.  City  Clerk  to  make  out  Certificate  of 

Election. 

66.  Poll  Books  made  out  by  City  Clerk. 

67.  Equal  number  of  Votes  cast  for  two 

persons  for  the  same  office,  what 
the  proceediug. 

68.  In  case  of  refusal  to  draw  or  absent, 

who  shall  draw. 

69.  When  election  of  Mayor  or  Aldermen 

is  contested,  what  course  to  be 
followed. 

70.  In  case  the  office  of  Mayor  or  Aider- 

man  becomes  vacant,  Special  Elec¬ 
tion. 

71.  General  State  Laws  applicable. 

72.  Pees  of  Judges  and  Clerks,  while 

acting  at  an  election,  or  as  a  “  board 
of  registry;”  neglect  to  act,  how 
punished. 

73.  When  a  poll  shall  be  opened  in  every 

ward  of  the  city. 


Section  52.  General  elections  in  the  city  of  Cairo,  for  city 
officers,  shall  be  held  on  the  last  Tuesday  of  February,  annually. 


54 


ORDINANCE. 


and  of  the  time  and  place  of  holding  such  elections,  and  all  special 
elections,  four  weeks’  notice  shall  be  given  by  the  city  clerk,  by 
publication  in  the  newspaper  printing  the  ordinances  of  the  city,  or 
by  posting  written  or  printed  notices  in  three  public  places  in  each 
ward  of  the  city. 

Sec.  53.  There  shall  be  appointed  annually,  by  the  mayor  and 
city  council,  three  judges  of  election  for  each  ward,  to  superintend 
and  conduct  all  city  elections  in  their  respective  wards,  who  shall 
be  citizens  of  the  United  States,  and  qualified  voters  of  the  city, 
and  shall  have  resided  in  the  city  at  least  one  year  next  preceding 
their  appointment,  who  shall  hold  their  office  until  the  appointment 
and  acceptance  of  their  successors,  and  such  judges  appointed  as 
aforesaid  shall  constitute  a  board  of  registry,  and  prepare  a  register 
of  the  voters  of  the  city  as  is  required  by  the  State  laws. 

Sec.  54.  The  aforesaid  judges  may  appoint  some  suitable 
person  clerk,  to  assist  them  in  preparing  the  register  provided  to 
be  made  by  the  foregoing  section,  and  shall,  on  the  day  of  election, 
before  opening  the  polls,  appoint  two  suitable  persons,  qualified 
voters  of  the  city,  to  act  as  clerks  of  the  election,  who,  together 
with  the  judges,  shall  take  and  subscribe  an  oath  faithfully  and 
impartially  to  discharge  their  respective  duties,  and  no  officer  of  the 
city  or  candidate  for  office,  shall  be  judge  or  clerk  of  any  election 
in  the  city. 

Sec.  55.  If  from  any  cause  it  should  be  impossible  to  obtain  a 
quorum  of  the  council  to  order  a  general  or  special  election,  the 
mayor  or  city  clerk  may  give  the  notice  of  the  election  without 
any  special  action  by  the  city  council. 

Sec.  56.  The  city  clerk  shall  provide  a  sufficient  number  of 
ballot  boxes,  at  the  expense  of  the  city,  for  the  several  wards,  each 
of  which  said  boxes  shall  be  furnished  with  a  lock  and  key,  and 
before  any  ballot  shall  be  deposited  therein,  the  same  shall  be 
publicly  opened  and  exhibited,  so  that  it  may  be  seen  that  no  ballot 
is  in  said  box  or  boxes,  after  which  the  box  shall  be  locked  and 
the  key  delivered  to  one  of  the  judges,  and  the  same  shall  not  be 
again  opened  during  the  election,  except  at  its  conclusion  for  the 
purpose  of  counting  the  votes. 


ORDINANCE. 


55 


Sec.  57.  It  shall  be  the  duty  of  the  mayor,  if  in  his  opinion  it 
is  necessary,  to  appoint  and  station  at  each  place  of  holding  an 
election,  a  sufficient  number  of  special  policemen  to  preserve  order 
and  decorum,  and  to  enforce  the  lawful  commands  of  the  judges  of 
elections. 

Sec.  58.  The  judges  of  elections  shall  have  power  to  preserve 
order  at  the  polls,  and  to  command  the  policemen  or  officers  in 
attendance,  or  bystanders,  to  arrest  and  take  before  the  police 
magistrates  of  the  city,  any  person  who  shall,  by  violent  or  turbu¬ 
lent  conduct,  or  in  any  other  manner,  interfere  with,  hinder, 
obstruct,  disturb,  or  delay  the  judges  or  clerks  in  the  discharge  of 
their  duties,  or  any  voter  in  exercising  the  privilege  of  voting; 
and  for  every  such  offense  the  offender  shall  forfeit  and  pay  a  sum 
to  the  city  of  not  less  than  ten  nor  more  than  one  hundred  dollars. 

Sec.  59.  Whoever  shall,  at  any  election,  seize  or  attempt  to 
seize  any  ballot  box  or  poll  book  with  the  purpose  of  carrying  the 
same  off  by  force,  shall  forfeit  and  pay  to  the  city  a  sum  not  less 
than  one  hundred  dollars  and  not  more  than  five  hundred  dollars. 

Sec.  60.  If  a  ballot  box  shall  be  seized  and  carried  away  at  any 
election,  so  that  the  ballots  therein  contained  cannot  be  counted, 
the  whole  election  shall  be  thereby  void,  and  a  new  election  shall 
be  held. 

Sec.  61.  The  judges  of  election  shall  open  the  polls  for  the 
reception  of  votes  at  8  o’clock  a.  m.,  and  keep  them  open  till  6 
o’clock  p.  m.,  at  which  time  they  shall  be  closed.  Immediately 
upon  the  close  of  the  polls  the  judges  shall  proceed  to  open  the 
ballot  boxes  and  count  out  the  ballots  in  the  presence  of  any 
candidates,  or  the  friends  of  any  candidates  selected  by  them,  to 
the  number  of  three,  for  that  purpose,  if  they  choose  to  be  present, 
otherwise  without  their  presence,  and  ascertain  the  number  of 
votes  given  to  each  candidate  voted  for,  and  shall  continue  the 
counting  of  the  ballots  without  intermission  until  all  are  counted. 

Sec.  62.  The  ballots  and  one  of  the  poll  books  and  one  of  the 
registers  shall,  at  the  close  of  the  count,  be  placed  in  an  envelope 
and  directed  to  the  city  clerk.  The  other  pol^book  shall  be  placed 
in  the  ballot  box,  which  shall  be  locked  and  sealed  up  and  delivered 
by  one  of  said  judges  to  the  city  clerk  at  his  office  without  delay. 


56 


ORDINANCE 


Sec.  68.  The  judges  shall  make  out  a  certified  statement,  to 
be  attested  by  the  clerks,  of  the  aggregate  number  of  votes  given 
for  each  person  voted  for  in  the  several  wards  of  the  city,  which 
statement  shall  be  sealed  up  and  directed  to  the  city  clerk,  and  to 
him  delivered  as  soon  as  possible  after  the  votes  are  examined  and 
counted. 

Sec.  64.  Immediately  upon  the  receipt  by  the  city  clerk  of 
the  certified  statements  alluded  to  in  the  previous  section,  he  shall 
notify  the  mayor  and  aldermen  to  meet  at  the  usual  place  of 
meeting  of  the  city  council,  and  at  the  usual  hour  of  holding  their 
stated  meetings,  not  later  than  three  days  after  the  election,  at 
which  meeting  the  city  clerk  shall  lay  before  the  city  council  the 
certified  returns  aforesaid,  whereupon  the  said  city  council,  after 
an  examination  thereof,  shall  declare  and  enter  upon  their  journal 
the  name  of  each  person  voted  for  at  full  length,  the  office  for 
which  he  is  voted  for,  and  the  aggregate  number  of  votes  given  to 
each  person,  and  who  are  elected. 

Sec.  65.  The  city  clerk  shall,  on  the  next  day  after  the  meeting 
of  the  city  council  as  above  provided  for,  or  as  soon  thereafter  as 
practicable,  make  out  and  deliver  a  certificate,  under  the  seal  of  the 
city,  and  signed  by  the  mayor,  to  each  person  elected,  setting  forth 
the  office  to  which  he  is  elected. 

Sec.  66.  The  poll  books  of  all  elections,  and  the  necessary 
certificates  in  blank,  shall  be  made  out  by  the  city  clerk  and 
delivered  by  him  to  one  of  the  judges  of  election  in  each  of  the 
wards  of  the  city. 

Sec.  67.  Whenever  it  shall  be  ascertained  that  there  is  an 
equal  number  of  votes  given  to  two  or  more  persons  for  mayor  or 
alderman,  it  shall  be  the  duty  of  the  city  council,  at  the  special 
meeting  aforesaid,  to  place  in  a  box,  or  some  convenient  place,  as 
many  ballots  as  there  are  persons  having  an  equal  number  of  votes, 
and  on  one  only  of  the  ballots  shall  be  written  the  name  or  style  of 
the  office  for  which  such  persons  were  voted  for;  and  from  which 
box  or  other  convenient  place  such  persons  so  having  an  equal 
number  of  votes,  s^all  each  draw  one  ballot;  and  the  person 
drawing  the  ballot  on  which  the  name  or  style  of  the  office  is 
written,  shall  be  the  mayor  or  alderman  elected. 


ORDINANCE. 


Sec.  68.  In  case  any  such  person  or  persons  are  absent  or 
refuse  to  draw  a  ballot  as  aforesaid,  if  for  an  alderman,  then  the 
mayor  shall  draw  a  ballot  or  ballots  for  such  person  or  persons ; 
and  if  for  mayor,  then  any  alderman  designated  by  the  city  council 
shall  draw  the  ballot  or  ballots  for  such  candidate  or  candidates. 

Sec.  69.  Whenever  the  election  of  mayor  or  alderman  shall 
be  contested,  it  shall  be  the  duty  of  the  person  or  persons  so 
contesting,  to  notify  the  person  having  the  certificate  of  election, 
and  the  mayor  or  the  city  clerk  in  writing  ;  and  upon  such  notice 
being  so  filed  it  shall  be  the  duty  of  the  mayor  to  call  a  meeting 
of  the  city  council  within  five  days  from  the  giving  of  such  notice; 
at  which  meeting  the  city  council  shall  examine  the  testimony 
under  oath  which  may  be  offered  touching  the  case,  and  shall 
determine  who  is  entitled  to  the  place  contested.  And  whenever 
the  election  of  mayor  is  contested,  the  city  council  shall  appoint 
one  of  the  aldermen  to  preside  at  any  meeting  held  for  the  purpose 
of  taking  testimony  and  determining  such  contest;  and  the  mayor 
or  presiding  officer  of  the  council  may  issue,  under  the  seal  of  the 
city,  process  to  procure  the  attendance  of  witnesses. 

Sec.  70.  In  case  the  office  of  mayor  or  any  one  or  more 
aldermen  become  vacant,  it  shall  be  the  duty  of  the  city  council 
forthwith  to  order  an  election  to  fill  such  vacancy,  unless  from 
some  cause  it  may  not  be  considered  necessary  to  do  so ;  and  in  all 
elections  in  the  city  the  person  receiving  the  greatest  number  of 
votes  for  any  office  shall  be  declared  duly  elected. 

•  Sec.  71.  Except,  as  is  hereinbefore  provided  for,  the  manner 
of  conducting,  regulating  and  voting  at  all  elections  in  the  city, 
shall  be  the  same  as  now  or  may  hereafter  be  provided  by  law,  at 
state  general  elections  in  this  state. 

Sec.  72.  Judges  and  clerks,  while  acting  at  the  election,  and 
as  a  board  of  registry,  shall  be  paid  five  dollars  for  each  day  they 
may  be  actually  engaged  in  holding  and  conducting  any  election, 
or  act  as  such  board  of  registry ;  and  the  city  clerk  may  draw  orders 
on  the  city  treasurer  for  the  same  in  favor  of  the  persons  entitled 
thereto,  and  any  one  appointed  judge  of  election,  who,  being- 
notified  thereof,  and  who  shall  willfully  fail  and  refuse  to  perform 
8 


58 


ORDINANCE 


the  duties  of  such  judge  of  election,  shall  forfeit  and  pay  a  sum  not 
less  than  ten  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  73.  At  all  general  elections  a  poll  shall  be  opened  in  each 
ward  of  the  city,  hut  in  special  elections  for  general  officers,  one 
poll  may  be  held  in  a  central  location,  at  which  all  votes  shall  be 
received. 


CHAPTER  Y. 

FIRES. 


Section — 

74.  How  Stovepipes,  etc.,  shall  be  set 

up ;  general  regulations  ;  what 
fine  in  case  of  neglect. 

75.  Carrying  Candle  where  hay,  etc., 

otherwise  than  in  lantern,  how 
fined. 

76.  Depositing  Ashes  within  twenty-five 

feet  of  any  building,  how  fined. 

77.  Stacking  Hay,  etc.,  within  one  hun¬ 

dred  feet  of  any  building,  how  fined. 

78.  Burning  Shavings,  etc.,  within  fifty 

feet  of  any  building,  what  penalty 
for. 

79.  Burning  out  Chimneys,  what  may  be 

done;  fine. 

80.  Scuttles,  when  they  must  be  made ; 

what  fine  in  case  of  neglect. 

81.  Negligence  in  Kindling,  etc.,  Fire 

likely  to  cause  damage  ;  how'  fined. 

82.  Placing  Shavings  in  the  Street,  what 

penalty  for. 

83.  Fire  Wardens  to  examine  buildings, 

when. 

84.  What  shall  be  the  Fire  Department. 

85.  Mayor  Chief  Engineer,  ex  officio. 

86.  Assistant  may  be  appointed,  when  he 

shall  act. 

87.  When  Members  of  the  Fire  Depart¬ 

ment  shall  meet. 

88.  Fire  Companies  to  be  under  control 

of  Chief  Engineer,  when. 

89.  Mayor,  etc.,  to  have  full  authority  at 

fires ;  fine  for  disobedience  of  his 
orders. 

90.  Mayor  may  grant  permission  to  Fire 


Section — 

Company  to  leave  city  temporarily ; 
fine  for  leaving  without  such  per¬ 
mission. 

91.  Officer  of  Fire  Department  disobeying, 

what  penalty  for. 

92.  Tearing  down  of  Building,  when  it 

may  be  ordered,  and  by  whom ;  fine. 

93.  Duty  of  Police  at  time  of  Fires  ;  those 

refusing  to  aid  at  fires,  how  fined. 

94.  City  Police,  Fire  Wardens,  etc.,  must 

wrear  badge  of  office  before  fine  can 
be  sued  for. 

95.  Injuring  Fire  Engines ;  how  punished. 

96.  Opening  or  Defacing  Cisterns,  what 

penalty  for. 

97.  Placing  Building  Material  near  cis¬ 

terns;  fine. 

.98.  When  cisterns  may  be  built. 

99.  Fire  Wardens,  how  appointed,  their 
duties ;  fine  for  disobeying  their 
orders. 

100.  Duty  of  Fire  Wardens  when  informa¬ 

tion  is  given  of  offenses. 

101.  What  shall  be  known  as  the  Fire 

Limits. 

102.  No  Wooden  Building  hereafter  to  be 

erected  within;  penalty  for  viola¬ 
tion. 

103.  Enlarging  or  removing  wooden  build¬ 

ing  in  Fire  Limits  prohibited. 

104.  Whoever  aids  in  erecting  a  wooden 

building,  to  what  fine  liable;  pro¬ 
viso. 

105.  Wooden  buildings  declared  a  nui¬ 

sance  ;  what  the  fine  for  building, 
or  aiding  in  building. 


Section  74.  All  stovepipes  shall  be  securely  put  up,  so  as  not 
to  be  in  danger  of  falling,  and  shall  run  and  be  closely  fitted  into  a 


ORDINANCE. 


59 


brick  or  stone  fine  or  chimney,  unless  a  fire  warden  of  the  ward  in 
which  the  stovepipe  is  located  shall  deem  it  to  be  equally  safe  if 
put  up  otherwise,  and  shall  certify  the  same  in  writing.  If  any 
stovepipe  shall  run  otherwise  than  into  a  chimney  or  flue,  it  shall 
not  pass  through  any  roof,  nor  the  side  of  any  building,  nor  through 
more  than  one  ceiling  or  partition  before  leading  into  a  chimney  or 
flue,  and  shall  be  separated  at  least  three  inches  from  any  wood  or 
other  combustible  material,  by  a  double  circle  of  tin,  zinc,  or  sheet- 
iron,  connected  together  with  like  metal,  with  air  holes  through  the 
connecting  metal  between  the  pipe  and  the  wood.  All  stoves  put 
up  or  used  without  secure  aprons  or  hearths  shall  be  placed  upon  a 
platform  of  brick,  zinc,  or  other  incombustible  material,  extending 
far  enough  around  the  same  to  prevent  the  fire  from  falling  upon 
the  floor,  and  if  set  within  eighteen  inches  of  the  wood  work  of 
any  wall,  the  wall  shall  be  protected  with  a  zinc,  tin,  or  other 
incombustible  covering,  so  as  effectually  to  prevent  taking  fire  from 
the  stove.  All  chimneys  or  flues  shall  be  built  of  brick  or  stone, 
well  laid  in  lime  mortar,  and  shall  be  smoothly  plastered  on  the 
inside  thereof,  and  shall  be  constructed  in  such  a  manner  as  that 
they  shall  settle  with  the  rest  of  the  building,  and  not  be  liable  to 
separate  or  crack  by  the  settling  of  the  same.  The  holes  for  the 
insertion  of  stovepipes  shall  be  made  with  an  iron,  stone  or  earthen¬ 
ware  thimble  or  casting  inserted  into  the  chimney  or  flue,  and  when, 
the  chimney  or  flue  shall  be  used,  such  holes,  unless  also  in  use, 
shall  be  securely  stopped  with  a  tin,  iron  or  zinc  stopper,  having  a 
flange  of  at  least  one  inch  outside  of  the  chimney  or  flue.  No 
chimney  or  flue  built  in  any  loft  shall  be  used  unless  there  arc 
stairs  leading  to  such  loft,  or  it  is  otherwise  easy  of  access  at  all 
times.  Any  person  who  shall  put  up  any  stove  or  stovepipe,  or 
erect  or  build  any  chimney  or  flue,  contrary  to  the  requirements  of 
this  section,  shall  forfeit  and  pay  to  the  city  a  sum  not  less  than 
five  dollars,  nor  more  than  fifty  dollars,  and  whoever  shall  use  any 
such  stovepipe,  stove,  or  chimney  or  flue,  so  put  up  or  erected 
contrary  to  the  requirements  of  this  section,  shall  forfeit  and  pay 
to  said  city  a  sum  not  less  than  three  dollars,  nor  more  than  ten 
dollars  for  each  and  every  day  the  same  may  be  so  used,  and  it  shall 


60 


ORDINANCE. 


be  the  duty  of  the  fire  warden  of  the  different  wards,  to  examine 
the  different  buildings  within  their  wards  during  the  month  of 
October  in  each  year,  and  report  all  violations  of  this  section  to  the 
city  attorney  for  prosecution. 

Sec.  75.  Every  person  who  shall  carry  or  use  any  lighted 
candle,  lamp,  or  fire  in  any  part  of  any  building,  woodshed,  or 
stables,  where  any  hay,  straw,  shavings  or  other  like  combustible 
materials  are  kept  or  allowed  to  accumulate,  without  securing  the 
same  in  a  lantern  or  other  secure  casing,  so  as  not  to  endanger  the 
taking  fire  thereby,  shall  forfeit  and  pay  to  the  city  a  sum  not  less 
than  three  dollars,  nor  more  than  ten  dollars,  for  each  and  every 
offense. 

Sec.  76.  No  person  shall  keep  or  deposit  any  ashes  in  any 
building  or  in  any  place  within  twenty  feet  of  any  building,  shed, 
fence  or  other  combustible  material,  unless  within  a  secure  and 
covered  metalie  or  earthenware  or  other  fire-proof  ash  house, 
without  wood  in  any  part  thereof ;  and  whoever  shall  violate  the 
provisions  of  this  section  shall  forfeit  and  pay  to  the  city  a  sum 
not  less  than  three  dollars,  or  more  than  ten  dollars,  for  each  and 
every  offense. 

Sec.  77.  No  person  shall  stack  or  deposit  hay,  straw  or  other 
like  combustible  materials  within  one  hundred  feet  of  any  dwelling 
house,  or  other  building  in  which  fire  may  be  kept,  without  being 
so  secured  and  inclosed  as  to  be  protected  from  sparks  of  fire;  and 
every  person  who  shall  violate  the  provisions  of  this  section  shall 
forfeit  and  pay  to  the  city  a  sum  not  less  than  three  dollars,  nor 
more  than  ten  dollars  for  each  and  every  offense,  and  also  three 
dollars  for  each  and  every  day  the  said  hay,  straw,  or  other 
combustible  material  may  remain  so  stacked  or  deposited. 

Sec.  78.  No  person  shall  set  fire  to  or  burn  any  shavings,  hay, 
straw,  or  other  combustible  materials,  or  boil  any  pitch,  resin,  tar, 
or  other  inflammable  liquid  or  substance  in  any  open  place  within 
fifty  feet  of  any  building  or  other  property  likely  to  be  endangered 
or  damaged  thereby,  or  use  any  fire  in  any  building  unless  in  a 
secure  stove,  furnace,  or  fireplace ;  and  every  person  who  shall 
violate  the  provisions  of  this  section  shall  forfeit  and  pay  to  the 


OKDINANCE. 


61 


city  a  sum  not  less  than  five  dollars,  nor  more  than  twenty  dollars, 
for  each  and  every  offense. 

Sec.  79.  No  person  shall  set  fire  to  or  burn  out  any  chimney 
or  flue  except  in  the  day  time  and  when  it  may  be  raining  on  the 
roof  of  the  house  in  which  such  chimney  or  flue  may  be  located, 
or  when  the  same  may  be  covered  with  snow )  and  every  person 
violating  the  provisions  of  this  section,  or  permitting  or  allowing 
any  other  person  to  burn  out  any  flue  or  chimney  used  by  him  or 
her,  at  any  other  time  than  herein  named,  shall  forfeit  and  pay  to 
the  city  a  sum  not  less  than  five  dollars,  nor  more  than  twenty-five 
dollars,  for  each  and  every  offense. 

Sec.  80.  The  owner  or  occupier  of  every  building  not  covered 
with  fire-proof  material,  and  exceeding  one  story  in  height,  shall 
cause  a  suitable  scuttle  or  opening  to  be  constructed  in  the  roof 
thereof,  with  convenient  stairs  leading  thereto,  or  shall  provide  and 
keep  upon  the  premises  a  substantial  ladder  long  enough  to  reach 
the  roof  of  such  building,  or  shall  provide  some  other  convenient 
means  of  access  to  the  same \  and  whoever  shall  fail  to  comply  with 
the  provisions  of  this  section  shall  forfeit  and  pay  to  the  city  a  sum 
not  less  than  five  dollars,  nor  more  than  twenty  dollars,  for  each 
and  every  offense,  and  shall  also  forfeit  five  dollars  for  each  and 
every  week  he  or  she  shall  fail  to  comply  with  the  requirements  of 
this  section. 

Sec.  81.  Every  person  who  shall  negligently  or  willfully  make, 
kindle,  use,  or  leave  any  fire,  or  shall  deposit,  leave  or  use  any 
ashes  or  other  dangerous,  combustible  or  inflammable  material, 
liquid,  or  substance,  or  shall  leave  or  use  any  lighted  candle,  lamp, 
or  other  light  at  such  a  time  or  in  such  a  manner  as  to  cause 
damage  or  injury,  or  to  endanger  any  building  or  other  property 
likely  to  be  damaged  or  injured  by  such  negligent  or  willful  act, 
shall  forfeit  and  pay  to  the  city  a  sum  not  less  than  five  dollars, 
nor  more  than  fifty  dollars  for  each  and  every  offense. 

Sec.  82.  It  shall  not  be  lawful  for  any  person,  owner,  builder, 
or  occupant  of  any  building,  either  occupied  or  in  course  of 
erection,  within  the  city  limits,  to  place  shavings  or  other  like 
combustible  material,  or  cause  the  same  to  be  placed,  in  any  street 


62 


ORDINANCE. 


or  avenue  of  the  city,  or  on  any  lot  where  it  is  liable  by  fire  to 
cause  damage  to  any  building  situated  thereon,  for  a  longer  period 
than  ten  hours,  and  every  person  who  shall  so  violate  this  section, 
shall  forfeit  and  pay  to  the  city  a  sum  not  less  than  twenty  dollars 
for  each  and  every  day  he  may  so  olfend. 

Sec.  83.  It  shall  be  the  duty  of  the  fire  wardens  of  the 
different  wards,  on  such  days  as  may  be  designated  by  resolution  of 
the  fire  department,  to  examine  all  buildings  and  premises  within 
the  city,  to  ascertain  if  they  are  in  a  safe  condition,  and  if  the 
requirements  of  this  chapter  have  been  complied  with,  and  for  this 
purpose  the  said  fire  wardens  shall  have  power  and  authority  to 
enter  into  and  upon  all  buildings  and  premises  in  said  city. 

FIRE  DEPARTMENT. 

Sec.  84.  The  fire  department  of  the  city  shall  consist  of  the 
mayor,  aldermen,  city  marshal,  chief  of  the  night  police,  president 
of  each  organized  fire  company,  and  the  two  fire  wardens  of  each 
ward. 

Sec.  85.  The  mayor  shall  ex-officio  be  chief  engineer  of  the 
fire  department  till  otherwise  provided  by  ordinance,  and  his  orders 
during  a  time  of  fire  shall  be  supreme. 

Sec.  86.  There  shall  be  appointed  an  assistant,  engineer,  who 
shall  be  chosen  from  the  members  of  the  fire  department,  and  in 
case  of  the  absence  of  the  mayor  in  times  of  fire,  he  shall  assume 
the  duties  of  chief  engineer,  and  his  orders  shall  be  obeyed. 

Sec.  87.  The  members  of  the  fire  departmeht  shall  meet  at 
least  once  in  three  months,  and  having  chosen  a  chairman  and 
secretary  from  among  their  number,  adopt  such  rules  and  regula¬ 
tions  for  their  own  government  and  that  of  the  different  fire 
companies  of  the  city,  going  to  and  from  and  while  at  a  fire,  as 
they  may  deem  best  for  the  public  good,  and  not  in  conflict  with 
the  ordinances  of  the  city  now  in  force,  or  which  may  be  hereafter 
passed. 

Sec.  88.  All  fire  companies  or  associations  shall  be  under  the 
control  of  their  respective  officers,  subject  to  the  order  of  the  chief 
engineer  and  his  assistant,  when  on  duty ;  and  in  case  of  the  absence 


ORDINANCE. 


63 


of  the  chief  engineer  and  his  assistant  at  a  fire,  the  officers  of  the 
respective  fire  companies  shall  place  and  work  their  apparatus  in 
the  most  effectual  manner  until  the  fire  is  extinguished,  and  shall 
not  remove  their  apparatus  from  the  place  of  the  conflagration 
unless  allowed  to  do  so  by  the  rules  of  the  department,  under  a 
penalty  of  one  hundred  dollars,  the  same  to  be  collected  from  the 
officer  in  command  of  said  company. 

Sec.  89.  The  mayor,  or  person  acting  as  chief  engineer,  shall 
have  full  control  at  fires  of  all  fire  companies  and  associations,  who 
are  laboring  for  the  public  good,  and  any  person  or  persons  disobey¬ 
ing  his  orders  shall,  on  conviction  thereof,  be  fined  in  a  sum  of  not 
less  than  twenty-five  dollars,  nor  more  than  one  hundred  dollars. 

Sec.  90.  The  mayor,  as  such  chief  engineer,  shall  have  power, 
in  his  discretion,  to  grant  permission  to  any  fire  company  to  go,  with 
their  respective  apparatus,  beyond  the  limits  of  the  city,  and  to  be 
absent  such  length  of  time  as  he  may  direct,  and  any  officer  in  com¬ 
mand  of  any  company,  who  shall  suffer  or  permit  the  engine  or 
other  apparatus  in  charge  of  said  company  to  be  taken  out  of  the 
city  without  such  permission,  shall  forfeit  and  pay  for  such  offense 
a  penalty  of  not  less  than  twenty  dollars,  nor  more  than  fifty  dollars, 
to  the  city,  besides  being  liable  for  the  damage  that  may  occur  by 
reason  of  such  absence  of  said  apparatus. 

Sec  91.  If  any  officer  in  charge  of  any  branch  of  the  fire 
department  shall  'refuse  to  obey  any  order  of  the  chief  engineer,  or 
any  private  member  refuse  to  obey  any  superior  officer,  he  or  they 
shall  be  fined,  in  the  former  case  twenty-five  dollars,  and  in  the 
latter  ten  dollars. 

Sec.  92.  The  engineer  in  command,  or  in  the  absence  of  all  the 
engineers,  any  two  fire  wardens,  together  with  three  members  of 
the  city  council,  may  direct  and  order  the  cutting,  tearing  down  and 
moving  away  of  any  building,  outhouse,  fence,  etc.,  for  the  purpose 
of  checking  the  progress  of  a  fire,  and  any  person  attempting  to 
hinder  them  in  the  discharge  of  their  duties  shall  forfeit  and  pay  a 
fine  of  fifty  dollars. 

Sec.  93,  It  shall  be  the  duty  of  all  police  officers,  together  with 
the  fire  wardens,  to  repair  immediately  upon  an  alarm  of  fire  to  the 


64 


ORDINANCE. 


place  of  fire,  and  report  themselves,  and  remain  subject  to  the 
orders  of  the  chief  engineer  or  his  assistant,  and  to  do  police  duty, 
and  to  aid  in  protecting  property  and  in  extinguishing  the  fire,  and 
to  require  all  bystanders,  if  necessary,  to  manage  and  work  all  fire 
engines  working  at  the  fire,  and  to  assist  in  removing,  guarding 
and  protecting  property.  Any  person  who  shall  refuse  or  neglect 
so  to  aid  and  assist  when  so  required,  shall  forfeit  and  pay,  for  the 
use  of  the  city,  a  sum  not  less  than  five  dollars,  nor  more  than  fifty 
dollars. 

Sec.  94.  All  police  officers,  fire  wardens  and  officers  of  any  fire 
department,  must  wear  a  badge  of  office  at  the  time  of  fire,  to 
designate  their  authority  before  suit  can  be  brought  for  a  violation 
of  the  previous  section. 

Sec.  95.  Any  person  or  persons,  who  shall  injure  any  of  the 
fire  engines  belonging  to  or  in  the  public  use  of  the  city,  or  take, 
use  or  destroy  any  personal  property  belonging  to  any  fire  company, 
or  any  of  the  apparatus  thereunto  belonging,  or  shall  place  any 
obstructions  in  the  way,  so  as  to  hinder  in  any  manner  the  free 
access  to  the  apparatus,  or  shall  remove  any  of  the  hooks,  ladders, 
or  other  apparatus,  from  their  proper  place  of  deposit,  without  the 
consent  of  the  proper  officer  in  command,  shall  be  fined  in  any  sum 
not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars,  for 
each  and  every  offense. 

Sec.  96.  It  shall  not  be  lawful  for  any  person  or  persons  to  open 
any  of  the  public  cisterns  for  any  purpose  whatever,  except  in  time 
of  fire,  or  for  washing,  cleaning,  or  exercising  the  engines  belonging 
to  the  fire  department;  and  whoever  shall  abuse,  impair,  injure  or 
corrupt  any  of  the  public  cisterns,  shall,  on  conviction  thereof, 
forfeit  and  pay  a  fine  not  exceeding  one  hundred  dollars. 

Sec.  97.  It  shall  not  be  lawful  for  any  person  to  place  any 
building  materials  or  any  other  obstructions,  whatever,  within 
eighteen  feet  of  the  center  cap  of  the  cistern,  and  any  person  so 
offending  shall  be  fined  in  any  sum  not  exceeding  twenty  dollars. 

Sec.  98.  Whenever  the  owners  of  property,  or  other  persons 
interested,  shall  petition  the  city  council  to  build  a  public  cistern 
at  the  intersection  of  any  of  the  streets,  or  at  any  other  point  within 


ORDINANCE. 


65 


the  city  where  there  is  no  public  cistern,  and  shall  pay  into  the  city 
treasury  the  sum  of  two  hundred  dollars  towards  the  expense  of 
constructing  the  same,  it  shall  be  the  duty  of  the  council  to  cause 
said  cistern  to  be  constructed  in  such  manner,  and  upon  such 
terms  as  shall  by  resolution  be  adopted  :  Provided ,  in  the  opinion 
of  the  council,  said  cistern  is  properly  located,  and  it  is  expedient 
to  construct  the  same. 

Sec.  99.  There  shall  be  appointed  two  fire  wardens  in  each 
ward  by  the  mayor,  by  and  with  the  consent  of  a  majority  of  the 
city  council,  who  are  authorized  to  enter  any  house  or  building,  lot 
yard  or  premises  in  the  city,  between  sun  rising  and  sun  setting,  on 
any  day  of  the  week,  for  the  purpose  of  examining  any  fire-place, 
hearth,  chimney,  stove,  or  stove  pipe,  oven,  boiler,  kettle  or  other 
apparatus  or  fixture  which  may  be  dangerous  in  causing  or  promot¬ 
ing  fires,  and  when  any  danger  shall  appear  from  any  apparatus,  as 
aforesaid,  of  fires  taking  place,  they  shall  or  either  of  them  may 
direct,  in  writing,  the  owner,  agent,  or  occupant  of  the  premises 
containing  the  dangers  aforesaid,  to  remove,  alter  or  amend  the 
same,  in  such  manner,  and  within  such  time  as  they  or  either  of 
them  may  deem  reasonable  and  just;  and  any  person  who  shall 
resist  the  entrance  of  the  fire  wardens,  as  aforesaid,  into  any  premises 
aforesaid,  or  shall  neglect  or  refuse  to  attend  to  the  directions  given 
for  altering,  amending  or  removing  any  of  the  dangers  aforesaid, 
shall  forfeit  and  pay  on  conviction,  a  sum  not  exceeding  fifty  dollars, 
and  an  additional  sum  of  ten  dollars  for  every  twenty-four  hours 
such  danger  shall  remain,  after  reasonable  time  is  given  as  aforesaid _ 

Sec.  100.  It  shall  be  the  duty  of  the  firewardens,  when  propter 
information  is  given  to  either  of  them,  of  any  offense  against  any 
of  the  preceding  provisions  of  this  chapter,  to  lodge  complaint 
before  the  proper  officer  forthwith  for  prosecution. 

EIRE  LIMITS. 

Sec.  101.  All  that  part  of  the  city  embraced  within  the 
following  blocks,  to  wit:  Blocks  one,  two,  three,,  four,  five,  six, 
eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  twenty,  twenty- 
one,  twenty-two,  twenty-three,  twenty-four,  twenty-five,  twenty-six, 
9 


66 


ORDINANCE. 


twenty-seven,  twenty-eight,  twenty-nine,  thirty,  thirty-one,  thirty- 
five,  thirty-six,  thirty-seven,  thirty-eight,  forty-nine,  fifty,  fifty-one, 
fifty-two,  fifty-three,  and  fifty -four,  in  the  city  of  Cairo,  shall  here¬ 
after  compose  and  be  known  as  the  fire  limits  of  said  city. 

Sec.  102.  No  wooden  building  or  structure  shall  be  commenced 
to  be  erected,  and  no  wooden  addition  to  any  building  or  structure 
now  erected,  shall  be  put  up  and  added  to  such  building  or  structure 
except  as  hereinafter  provided  within  the  said  fire  limits  :  Provided, 
that  any  wooden  structure  or  building  not  exceeding  eight  feet 
square  and  ten  feet  in  height,  may  be  erected  or  placed  upon  any 
of  the  lots  or  blocks  within  said  limits. 

Sec.  103.  No  wooden  building  or  part  of  building  within  the 
fire  limits  shall  be  enlarged  or  removed  to  any  other  place  within 
said  limits ;  nor  shall  any  such  building  be  removed  into  the  fire 
limits. 

Sec.  104.  Any  owner,  builder,  or  other  person,  who  shall  own, 
build  or  aid  in  the  erection  of  any  building  or  structure,  or  addition 
to  any  building  or  structure  within  said  fire  limits,  contrary  to  the 
provisions  of  this  chapter  •  or  shall  remove  or  assist  in  removing 
any  wooden  building  within  said  limits,  from  one  place  to  another 
therein,  or  who  shall  remove  or  assist  in  removing  any  such  building 
from  without  said  limits  into  the  same,  contrary  to  the  provisions 
of  this  ordinance,  shall  forfeit  and  pay,  for  the  use  of  said  city, 
not  less  than  twenty-five  nor  more  than  one  hundred  dollars  for 
each  and  every  offense,  and  the  owner  or  owners  of  said  building 
shall  forfeit  and  pay  a  like  sum  for  every  forty-eight  hours  that  he, 
she  or  they  fail  to  remove  the  same  from  within  said  fire  limits : 
Provided ,  That  any  building  in  part  destroyed  at  a  conflagration,  if 
the  damage  caused  exceed  not  fifty  per  cent,  of  the  total  value, 
may  be  repaired. 

Sec.  105.  Any  wooden  building  or  structure  which  may  be 
erected,  enlarged  or  removed  contrary  to  this  ordinance  shall  be 
deemed,  and  is  hereby  declared  to  be  a  nuisance,  and  upon  infor¬ 
mation  it  shall  be  the  duty  of  the  Mayor,  after  three  days’  notice 
to  the  owner  or  builder  thereof  to  abate  the  same,  and  by  an  order 
in  writing  to  require  the  city  Marshal  to  raze  such  building  to  the 


ORDINANCE. 


67 


ground.  The  expenses  of  the  removal  of  such  building  shall  be 
reported  by  the  city  Marshal  for  assessment,  and  may  be  collected 
off  of  the  owner  of  such  building  or  structure  by  suit  brought 
before  the  Police  Magistrate  of  said  city,  or  other  competent  court, 
in  the  corporate  name  of  said  city. 


CHAPTER  VI. 

GRADES. 

Section —  Section — 

106.  What  the  grade;  where.  108.  Grades  of  sidewalks  hereafter  fixed. 

107.  Grade  of  certain  streets. 

Section  106.  The  highest  natural  ground  at  the  corner  of 
Commercial  avenue  and  Sixth  street,  the  same  being  designated 
by  a  monument  of  stone,  fixed  and  established  in  a  secure  situa¬ 
tion,  in  the  neighborhood  of  the  intersection  of  said  Commercial 
avenue  and  Sixth  street,  on  which  monument  said  elevation  is 
permanently  indicated,  shall  be  and  the  same  is  hereby  designated 
as  the  grade  to  which  the  streets  of  the  city  shall  be  filled. 

Sec.  107.  The  grade  of  Second,  Fourth,  Sixth,  Eighth,  Tenth, 
Twelfth,  Fourteenth,  Eighteenth  and  Twentieth  streets  from  Levee 
street  to  Commercial  avenue  shall  be  uniform,  and  the  grade  thereof 
and  sidewelks  shall  correspond  with  the  grade  of  said  Levee  street 
and  Commercial  avenue  at  the  points  of  intersection  thereof 
respectively. 

Sec.  108.  All  sidewalks  hereafter  constructed,  excepting  that 
on  Levee  street,  shall  be  laid  to  the  grade  now  established  as  the 
grade  of  the  streets  of  the  city. 


68 


ORDINANCE. 


% 

I 

CHAPTER  VII. 


HARBOR. 


Section- 

109.  Duties  of  the  Harbor  Master. 

110.  To  provide  ring-bolts,  etc. 

111.  Steamboats  to  have  preference  in 

landing. 

112.  Wharfage,  amount  of;  how  to  be 

collected. 


Section — 

113.  Wharfage  of  flat  and  keel  boats, 
amount  of. 

114  What  deduction  for  regular  steamers. 
115.  What  the  fine  if  any  other  body  cor¬ 
porate,  etc.,  collect  wharfage. 


Section  109.  It  shall  be' the  duty  of  the  harbor  master  :  1.  To 
direct  the  landing  and  stationing  of  all  water  crafts  arriving  at  any 
point  on  the  river  bank,  within  the  corporate  limits  of  the  city,  and 
to  superintend  the  discharge  and  removal  of  their  cargo,  so  as  to 
prevent  interference  between  different  vessels  and  their  cargoes ;  to 
superintend  the  arrangement  of  merchandise  and  materials  for 
repairs,  so  that  the  same  shall  occupy  as  little  space  as  possible ;  to 
see  that  all  combustible  materials  on  the  river  bank  are  sufficiently 
protected  from  fire,  to  keep  the  wharf  and  river  bank  along  the  shore 
free  from  improper  obstructions,  to  keep  in  repair  the  ringbolts 
provided  for  the  fastening  of  vessels;  to  regulate  and  control,  by 
proper  rules,  to  be  established  and  published,  all  vehicles  trav¬ 
ersing  the  wharf ;  and  generally  to  exercise  complete  supervision 
and  control  over  the  wharf,  river  bank,  landing  and  Levee  street. 

2.  To  register,  in  a  suitable  book,  the  date  of  arrival  and  depar¬ 
ture  of  every  water  craft,  except  wood  and  coal  boats,  with  its 
name,  and  tonnage  by  custom  house  measurement,  the  name  of  its 
master,  the  place  from  whence  it  came,  and  its  destination,  and  to 
report  the  same  with  the  wharfage  amount  to  the  city  council,  under 
oath,  on  the  last  Saturday  of  each  month ;  and  on  Saturday  of  each 
week  pay  to  the  city  treasurer  all  moneys  collected  by  him  during 
the  week. 

3.  To  keep  regular  accounts  in  suitable  books,  of  all  moneys 
received  by  him  on  account  of  the  city,  and  paid  into  the  city 
treasury. 

Sec.  110.  The  harbor  master  shall,  under  the  direction  of  the 
mayor,  provide,  at  the  expense  of  the  city,  suitable  posts  and  ring- 


ORDINANCE. 


69 


bolts  for  boats  and  rafts  to  make  fast  to,  and  keep  the  same  in 
repair,  and  charge  the  city  with  the  expenses  thereof,  which  shall 
be  allowed  in  the  settlement  of  his  accounts. 

Sec.  111.  Steamboats  shall  have  the  preference  in  landing  at 
the  wharf  or  landing  over  vessels  and  rafts,  but  no  vessel  or  raft, 
while  receiving  or  discharging  a  cargo,  or  being  broken  up,  shall 
be  compelled  to  leave  its  place  to  give  room  for  a  steamboat. 

Sec.  112.  The  harbor  master  shall  collect  from  each  boat 
employed  in  trade,  except  flat-boats,  keel-boats,  ferry-boats,  wood- 
boats  and  coal-boats,  which  shall  come  within  the  harbor  of  the  city, 
and  land  at  the  wharf  or  landing,  or  be  made  fast  thereto,  or  to  any 
boat  thereto  fastened,  or  shall  receive  or  discharge  any  freight  or 
passengers  in  the  city,  three  cents  per  ton,  for  the  first  hundred 
tons,  two  cents  for  the  second,  and  one  cent  for  the  third  and 
residue  of  the  boat’s  burden  by  custom  house  measurement, 
provided  that  the  harbor  master  is  satisfied  that  the  enrollment  of 
such  steamboat  or  barge  is  correct;  and  if  not  so  satisfied  he  shall 
re-measure  such  steamboat  or  barge  according  to  the  rules  and 
regulations  of  the  United  States,  and  collect  wharfage  according  to 
said  measurement ;  and  any  person  having  in  charge*  any  such 
steamboat  or  barge,  who  shall  refuse  to  permit  such  harbor  master 
to  measure  any  such  steamboat  or  barge,  shall  forfeit  and  pay  not 
less  than  fifty  nor  more  than  two  hundred  and  fifty  dollars,  for  each 
and  every  refusal. 

Sec.  113.  From  flat  and  keel-boats  coming  into  the  harbor  as 
aforesaid,  such  officer  shall  collect  for  the  first  day  one  dollar,  and 
each  subsequent  day  fifty  cents. 

Sec.  114.  The  harbor  master  shall  make  the  following  deduc¬ 
tion  from  the  regular  established  rates  of  wharfage  on  all  steam¬ 
boats  making-  regular  trips  as  packets  between  the  city  of  Cairo  and 
all  other  ports,  oftener  than  once  a  week,  viz. :  on  every  boat  leaving 
the  city  daily,  sixty-six  and  two-thirds  per  centum ;  on  those 
leaving  every  other  day,  thirty-three  and  one  third  per  centum  ; 
and  on  those  leaving  twice  a  week,  twenty-five  per  centum. 

Sec.  115.  Any  person  or  persons,  corporation  or  body  politic, 
except  the  harbor  master,  who  shall  hereafter  ask,  demand  or 


70 


ORDINANCE. 


receive,  within  the  limits  of  the  city  of  Cairo,  any  sum  or  sums  of 
money,  or  any  other  valuable  thing,  of  the  agent,  master,  owner  or 
owners  of  any  steamboat  or  other  water  craft,  for  the  privilege  of 
either  landing  or  laying  at  the  wharf  of  Cairo,  and  within  said  city 
limits,  shall  forfeit  and  pay  to  the  city  for  every  such  offense,  a 
sum  of  not  less  than  fifty  dollars,  nor  more  than  one  hundred 
dollars,  to  be  recovered  in  an  action  for  debt  before  any  justice  of 
the  peace,  or  any  court  having  jurisdiction  thereof. 


CHAPTER  VIII. 

JAIL  AND  JAILER. 


Section — 

116.  What  city  jail;  where. 

117.  Duty  of  the  city  jailer. 

118.  When  person  committed  to  jail  has 

no  money  to  pay  fine,  etc.,  how  to 
be  provided  for. 

119.  Fee  of  the  city  jailer. 

120.  City  C(?uncil  to  be  furnished  with 

a  list  of  the  prisoners,  when,  and 
by  whom. 

121.  W'lien  costs  of  maintenance  shall  be 

collected,  and  how. 

122.  If  attempts  made  to  escape,  what 

penalty. 

123.  Prisoners  may  be  compelled  to  work 

on  the  streets,  when. 

124.  Ball  and  chains,  how  procured. 

125.  Prisoner  arrested  for  violating  ordi¬ 

nances,  etc.,  to  be  taken  before  a 
Police  Magistrate  at  once,  etc. 


Section — 

126.  Police  Magistrate  to  report  fines 

collected,  at  every  meeting,  etc. 

127.  Who  shall  visit  the  jail;  when. 

128.  Jail  to  be  kept  for  the  detention  of 

what  prisoners  only. 

129.  Fine  for  violating  the  provisions  of 

this  chapter. 

130.  What  particulars  the  bill  of  jailer 
for  allowance  of  pay  for  feeding  of 
prisoners,  etc.,  must  contain. 

131.  Duty  of  Attorney  in  regard  to  the 

city  jail;  his  certificate  to  city 
jailer’s  bill. 

132.  What  the  mittimus  of  Police  Magis¬ 

trate  must  contain;  when  jailer 
may  refuse  to  take  prisoner. 

133.  In  case  of  the  removal  of  jailer,  if 

he  refuse  the  keys,  etc.,  of  jail; 
penalty. 

134.  Duty  of  whom  to  visit  the  jail. 


Sec.  116.  The  building  erected  on  lot  14,  in  block  48,  city  of 
Cairo,  owned  by  the  city,  shall  be  the  city  jail,  and  such  person 
as  may  have  been  or  hereafter  may  be  appointed  by  the  city  coun¬ 
cil,  shall  have  the  charge,  custody  and  keeping  of  the  said  city  jail 
and  of  all  prisoners  in  such  jail,  and  be  the  city  jailer,  and  as  such 
shall  have  the  use  and  occupation  for  his  own  family  during  his 
continuance  in  office,  of  the  rooms  comprising  the  jailer’s  apart¬ 
ments,  in  the  jail  building. 


ORDINANCE. 


71 


Sec.  117.  It  shall  be  the  duty  of  the  city  jailer  to  receive  from 
any  of  the  city  officers,  and  confine  in  said  jail,  all  persons  who 
shall  be  apprehended  by  such  officers,  or  who  shall  be  committed 
to  such  jail  by  any  competent  authority,  until  discharged  by  due 
course  of  law. 

Sec.  118.  Whenever  any  person  committed  to  the  city  jail  is 
unable  to  buy  or  procure  necessary  food  and  drink,  the  city  jailer, 
under  the  direction  of  the  jail  committee,  shall  provide  such  pris¬ 
oner  with  the  same,  for  which  he  shall  be  allowed  a  compensation 
as  hereinafter  provided.  And  if,  from  inclemency  of  the  weather, 
the  sickness  of  the  prisoner,  or  other  cause,  the  city  jailer  shall  be 
of  opinion  that  additional  clothes  or  bedding  are  necessary  for  such 
prisoner,  and  such  prisoner  shall  be  unable  to  obtain  or  procure  the 
same,  the  said  city  jailer,  under  like  direction,  shall  furnish  the 
same,  and  be  paid  therefor  out  of  the  city  treasury. 

Sec.  119.  The  said  jailer  shall  be  allowed  to  demand  and 
receive  as  a  fee  for  receiving  each  prisoner,  fifty  cents,  and  for 
discharging  each  prisoner,  fifty  cents,  and  seventy-five  cents  per  day 
as  board  for  each  and  every  day  he  furnishes  said  prisoners  with 
good,  but  plain  and  wholesome  food  and  drink,  and  the  police 
magistrate  is  hereby  authorized  to  make  it  a  part  of  his  judgment, 
in  all  cases,  that  the  prisoner  shall  be  fed  on  bread  and  water  only. 

Sec.  120.  It  shall  be  the  duty  of  the  city  jailer  to  furnish  to 
the  city  council,  at  each  stated  meeting,  a  list  of  the  prisoners 
received  and  discharged,  and  6f  the  extra  supplies  furnished  them 
since  the  previous  stated  meeting,  and  in  default  of  furnishing  said 
list,  the  said  jailer  shall  not  be  entitled  to  receive  any  fee  for  his 
services  as  jailer  during  said  month. 

Sec.  121.  All  fees  for  committing  or  releasing  any  prisoner, 
and  all  sums  expended  for  drink  or  food,  shall  be  collected  of  the 
person  committed,  and  shall  form  a  part  of  the  cost  or  judgment 
against  the  same,  on  conviction  of  the  offense  for  which  such  person 
was  committed.  If'  the  person  convicted  be  unable  to  pay  Che 
amount  expended  for  food  and  drink  as  above,  the  fees  therefor 
shall  be  paid  to  the  jailer  by  the  city,  but  in  no  event  shall  the 
other  jail  fees  be  paid  by  the  city. 


72 


ORDINANCE. 


Sec.  122.  If  any  person  shall  attempt  to  aid  the  escape  of  any 
prisoner  from  the  city  jail,  by  furnishing  the  prisoner  with  any 
instrument  or  other  thing,  the  same  shall  forfeit  and  pay  for  the 
use  of  the  city  a  sum  not  less  than  twenty  dollars,  nor  more  than 
one  hundred  dollars. 

Sec.  123.  Every  person  upon  whom  any  fine  or  penalty  has 
been  or  shall  hereafter  be  imposed  under  any  of  the  city  ordinances, 
and  who  shall  have  been  or  shall  hereafter  be  committed  to  the  city 
jail,  in  default  of  the  payment  of  said  fine  or  penalty  and  costs,  shall 
be  required  to  work  and  labor  upon  the  streets  and  avenues  of  the 
city  during  the  term  of  his  imprisonment,  provided  such  labor  is 
made  a  part  of  the  judgment  of  the  court  committing  him;  and  the 
city  jailer  is  hereby  authorized,  empowered  and  instructed  to  require 
every  such  person  to  work  and  labor  for  such  period  during  each 
day  as  he  may  deem  expedient,  not  exceeding  twelve  hours  in  any 
one  day,  in  cutting  out  and  removing  the  stumps,  cutting  down  the 
weeds  and  cutting  up  the  logs  in  the  streets  and  avenues  of  the 
city,  or  removing  other  obstructions,  or  making  other  improve¬ 
ments  in  the  streets,  as  may  be  directed  by  the  street  committee  : 
Provided for  the  time  he  shall  be  so  occupied  in  superintending 
such  work,  the  city  jailer  shall  be  allowed  and  paid  at  the  rate  of 
two  dollars  per  day. 

Sec.  124.  The  city  jailer  is  hereby  authorized  to  procure,  at 
the  expense  of  the  city,  a  sufficient  number  of  balls  and  chains,  not 
exceeding  six  of  each,  and  fasten  them  to  the  prisoners  laboring 
on  the  streets  under  this  chapter,  whenever,  in  his  judgment,  the 
security  of  the  prisoners  require  it  to  be  done. 

Sec.  125.  It  shall  be  the  duty  of  all  officers  making  arrests 
under  the  authority  conferred  by  the  city  ordinances,  to  take  the 
prisoners  arrested  immediately  before  the  police  magistrate  or  other 
committing  magistrate,  for  examination,  if  the  arrest  is  made  during 
office  hours  in  day  time.  If  the  arrest  is  not  made  during  such 
oflice  hours,  the  officer  making  the  arrest  shall  take  such  prisoners 
before  the  police  or  other  magistrate  as  soon  as  practicable  after  his 
office  is  open  for  business ;  and  in  the  meantime  the  prisoners  may 
be  committed  to  the  city  jail  for  safe  keeping. 


OKDINANCE. 


73 


Sec.  126.  It  shall  be  the  duty  of  the  police  magistrate,  at  each 
stated  meeting  of  the  city  council,  to  report  all  fines  collected  by 
him,  and  all  persons  brought  before  him  for  examination  and  dis¬ 
charged,  or  committed  by  him  to  the  city  jail,  since  the  previous 
stated  meeting  of  the  board,  and  the  offenses  charged  in  each  case ; 
such  report  to  contain  the  name  of  the  party  from  whom  the  fine 
was  collected,  and  the  amount,  the  name  of  the  party  committed, 
the  date  of  the  imposition  of  the  fine  and  of  the  commitment,  and 
the  length  of  time  for  which  the  commitment  was  made,  and  the 
name  of  the  party  discharged  without  commitment.  It  shall  also 
be  the  duty  of  all  officers  authorized  to  make  arrests  under  the  ordi¬ 
nances  of  the  city,  to  make  similar  reports  of  all  parties  arrested 
by  them  and  committed  to  the  city  jail  or  discharged  without  com¬ 
mitment  ;  such  reports  to  contain  the  names  of  the  prisoners,  the 
dates  of  arrest  and  commitment,  and  the  offenses  for  which  the 
arrests  were  made. 

Sec.  127.  It  shall  be  the  duty  of  the  city  marshal  or  other 
officer,  to  be  designated  by  the  mayor,  to  visit  the  city  jail  at  least 
once  in  every  twenty-four  hours,  between  sunrise  and  sunset,  and, 
in  person,  direct  the  discharge  from  jail  of  all  persons  legally  enti¬ 
tled  to  such  discharge,  and,  in  case  of  inability  of  the  said  officer  to 
attend  to  this  duty  from  sickness,  physical  disability  or  unavoidable 
absence  from  the  city,  it  shall  be  lawful  for  the  city  jailer  to  dis¬ 
charge  said  prisoner  or  prisoners.  The  city  marshal,  or  officer 
appointed  to  discharge  said  prisoner,  shall  report  to  each  stated 
meeting  of  the  city  council  the  names  of  the  persons  so  discharged 
by  him,  or  by  others  during  his  absence,  since  the  previous  stated 
meeting,  and  the  date  of  the  discharge. 

Sec.  128.  The  city  jail  shall  be  used  for  the  detention  and  safe¬ 
keeping  of  prisoners  arrested  under  and  by  virtue  of  the  city 
ordinances  alone,  and  it  shall  be  appropriated  to  no  other  use  or 
purpose  except  by  the  express  permission  of  the  jail  committee  or 
the  mayor  of  the  city,  and  all  the  additional  clothes  or  bedding 
furnished  hereafter  to  prisoners,  shall  be  furnished  upon  the  written 
order  of  the  jail  committee  alone. 

Sec.  129.  For  every  violation  of  any  of  the  provisions  of  this 

10 


74 : 


ORDINANCE. 


chapter,  the  offender  shall  forfeit  and  pay  to  the  city  a  sum  not  less 
than  fifty  nor  more  than  one  hundred  dollars. 

Sec.  130.  Hereafter  it  shall  be  the  duty  of  the  keeper  of  the 
city  prison,  when  he  presents  his  bill  for  allowance  to  the  council 
for  keeping  persons  committed  to  his  custody,  to  show  for  what 
particular  offense  the  prisoner  or  prisoners  each  are  committed,  and 
by  what  justice  or  magistrate,  and  before  presenting  the  same  he 
shall  procure  the  certificate  of  the  city  attorney,  to  said  bill  or  bills, 
showing  whether  the  person  or  persons  confined  were  committed 
for  violations  of  the  ordinances  of  the  city,  or  if  for  any  other 
offense  said  certificate  shall  show  that  the  prisoner  for  whose 
keeping  said  jailer  presents  his  charge,  was,  at  the  time  of  com¬ 
mitting  the  offense  for  which  he  stands  committed,  a  citizen  of  this 
city,  and  that  the  accounts  are  just  and  correct. 

Sec.  131.  It  shall  be  the  duty  of  said  attorney,  whenever  the 
jailer  of  the  city  shall  present  a  bill  or  bills  to  him  for  his  certifi¬ 
cate,  under  the  foregoing  section,  to  ascertain  by  diligent  inquiry 
into  the  fact,  whether  the  prisoner,  (for  keeping  whom  said  charges 
are  made,)  was  or  not  committed  for  violations  of  the  city 
ordinances,  or,  if  not  then,  whether  the  said  prisoner  or  prisoners 
were,  when  committed,  citizens  of  this  city,  and  whether  they  were 
actually  convicted  during  the  time  charged ;  and  until  the  official 
certificate  aforesaid  is  furnished,  attached  to  said  bills,  no  order 
shall  be  issued  in  favor  of  the  jailer  for  the  same. 

Sec.  132.  Hereafter,  whenever  any  justice  of  the  peace  within 
this  city  shall  commit  any  person  to  the  custody  of  the  city  jailer, 
it  shall  be  his  duty  in  said  mittimus,  or  warrant  of  commitment,  to 
state  and  specify  for  what  offense  the  party  is  committed,  whether 
for  a  breach  of  the  ordinances  of  the  city  or  not ;  and,  in  case  he 
be  committed  for  any  other  offense  than  a  breach  of  ordinance,  then 
said  justice,  before  he  shall  commit  said  person  to  the  city  jail,  shall 

t 

ascertain  and  certify  or  state  the  fact  that  the  party  committed  is 
a  citizen  of  the  city,  and,  on  failure  of  said  justice  to  certify  and 
state  the  facts  as  herein  provided  in  said  mittimus,  it  shall  be  the 
duty  of  the  city  jailer  to  refuse  to  receive  said  prisoner. 

Sec.  133.  In  case  of  his  removal  by  the  city  council  or 


ORDINANCE. 


75 


suspension  by  the  mayor,  the  j  ailer  shall  deliver  up  possession  of 
the  jail  to  the  mayor,  or  jail  committee,  and  in  case  of  neglect  or 
refusal  to  do  so,  said  jailer  shall  forfeit  and  pay  to  the  city  of  Cairo 
two  hundred  dollars  for  each  and  every  day  he  shall  so  neglect  or 
refuse  after  demand  or  application  at  the  jail  door,  made  by  said 
mayor  or  jail  committee. 

Sec.  134.  It  shall  be  the  duty  of  the  Committee  on  Police  and 
Jail  to  visit  the  city  jail  once  at  least  in  each  month,  and  report  the 
condition  of  the  jail  building  at  each  regular  meeting  of  the  city 
council  following. 


CHAPTEE  IX. 

LICENSES. 


Section — 

135.  How  licenses  shall  be  signed  and 

issued;  not  transferable. 

136.  License  Book  to  be  kept  by  the 

City  Clerk. 

137.  Licenses  taken  out  to  be  governed 

by  subsequent  ordinances. 

138.  Auctioneers;  penalty. 

139.  Amount  of  license ;  bond ;  proviso. 

140.  Banks  and  Brokers;  amount  of 

license;  penalty. 

141.  Billiards,  pin-alleys  and  pigeon  hole 

tables,  to  be  licensed. 

142.  Amount  of  license. 

143.  Penalty  for  violating  previous  sec¬ 

tion. 

144.  Butchers;  license;  penalty. 

145.  Draymen;  penalty. 

146.  Amount  of  license. 

147.  For  how  long  License  may  be 

Granted. 

148.  Bond ;  how  conditioned. 

149.  Dray,  etc.,  to  be  registered  and 

numbered. 

150.  To  whom  chapter  shall  not  apply. 

151.  Penalty  for  overcharging. 

152.  Drays  to  have  Number  painted  in  a 

conspicuous  place. 

153.  Gunpowder;  License;  penalty. 

154.  Insurance  Agents  must  take  out 

license. 

155.  Amount  of  license. 


Section — 

156.  Penalty  for  violating  the  previous 

section. 

157.  Merchants  and  Traders  must  take 

out  a  license ;  fine ;  retail  dealers 
whose  stock  not  assessed. 

158.  No  person  not  already  licensed 

allowed  to  do  business  without 
procuring  a  merchant’s  license  ; 
amount. 

159.  Pawnbrokers;  license;  neglect  to 

procure. 

160.  Who  a  Pawnbroker. 

161.  To  whom  license  may  be  granted ; 

amount  of  license ;  bond. 

162.  Clerk  to  keep  a  register  of  pawn¬ 

brokers,  etc. 

163.  What  duties  of  pawnbroker. 

164.  Books  of  to  be  open  to  inspection  of 

certain  officers ;  fine  for  refusal, 
etc.,  to  submit  books. 

165.  To  receive  no  pawn  from  minors, 

etc.;  penalty. 

166.  Peddler,  who  deemed. 

167.  License;  penalty. 

168.  How  peddler’s  license  granted,  etc., 

etc. 

169.  License  to  peddle  books,  etc. 

170.  Fraud  of  peddler’s,  how  punished. 

171.  Chapter  not  to  apply  to  farmers, 

when. 


ORDINANCE. 


76 


Section — 

172.  If  peddler  use  a  vehicle,  what  he 

must  do ;  penalty. 

173.  Porter’s  license;  penalty. 

174.  License,  how  granted;  parties  to 

wear  badge. 

175.  Charges  of  Porters. 

176.  Runners’  licenses;  penalty. 

177.  To  wear  a  badge. 

178.  Runner  permitting  other  persons  to 

wear  his  badge ;  what  the  penalty. 

179. '  Using  boisterous  language,  etc.,  how 

fined. 

180.  How  license  may  be  procured ;  what 

the  amount,  etc. 

181.  License  for  keeping  a  saloon,  etc. ; 

penalty  for  violating  section. 

182.  How  license  may  be  granted;  bond. 

183.  What  the  amounts  of  license;  in 

what  money  to  be  paid. 

184.  What  statements  license  shall  con¬ 

tain  ;  not  transferable. 


Section- 

185.  Keeping  open  on  Sunday;  what 

fine. 

186.  When  saloons  may  be  closed;  by 

whom. 

187.  For  what  money  arising  from  gro¬ 

cery  licenses  shall  be  set  aside. 

188.  Selling  goods  by  sample. 

189.  Shows,  Theatres,  etc.,  license  for. 

190.  Organ-grinders,  etc.,  what  license 

they  shall  pay. 

191.  What  the  amount  of  license  for 

circus,  etc. 

192.  Traveling  Vendors  of  Patent  Medi¬ 

cines  must  have  license,  etc.; 
penalty. 

193.  Wharf  Boats ;  amount  of  license. 

194.  What  penalty. 

195.  Keeping  Tavern  or  Saloon  on  boat; 

how  licensed ;  violation  of  section, 
how  punished. 


Section  135.  Every  license  authorized  to  be  issued  by  the 
provisions  of  this  chapter  shall,  upon  presentation  of  the  city  treas¬ 
urer’s  receipt,  be  issued  by  the  city  clerk,  signed  and  attested  by 
him  and  the  mayor,  and  have  the  seal  of  the  city  attached  thereto, 
and  shall  not  be  transferable  from  one  to  another. 

Sec.  136.  It  shall  be  the  duty  of  the  city  clerk  to  keep  a  license 
book,  in  which  shall  be  recorded  the  name  of  the  party  to  whom 
the  license  is  given,  the  date  of  the  license,  the  time  when  it 
expires,  and  amount  paid  for  it,  and  purpose  for  which  given,  and 
when  given  for  a  dray,  wagon,  cart,  or  other  vehicle,  the  number 
of  the  same,  and  if  for  a  grocery,  the  lot  and  block,  and  if  possible 
the  building  in  which  the  same  is  kept. 

Sec.  137.  All  persons  taking  out  licenses  under  the  provisions 
of  this  chapter  shall  be  subject  to  and  governed  by  the  ordinances 
of  the  city  now  in  force,  or  which  may  be  hereafter  passed  in 
relation  to  any  of  said  licenses,  or  to  the  business  connected  there¬ 
with;  and  in  the  bonds  given  by  parties  receiving  licenses  a 
provision  to  that  effect  shall  be  inserted,  and  all  bonds  taken  shall 
be  approved  by  the  city  clerk  unless  otherwise  provided  for  by  this 
chapter. 


ORDINANCE. 


77 


AUCTIONEERS. 

Sec.  138.  It  shall  not  be  lawful  for  any  person  within  the  city 
to  exercise  the  business,  trade  or  vocation  of  auctioneer,  nor  to 
sell  or  vend  at  public  auction,  or  outcry,  any  goods,  wares  or 
merchandise,  without  having  first  obtained  a  license  therefor, 
provided,  that  public  officers  and  trustees  acting  under  appointment 
of  law,  shall  not  be  considered  as  within  the  provision  of  this 
ordinance.  And  every  person  violating  the  provisions  of  this 
section  shall  forfeit  and  pay  to  said  city  a  sum  not  less  that  twenty- 
five  dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
offense. 

Sec.  139.  Any  person  desiring  to  follow  the  business  of  an 
auctioneer  in  the  city  of  Cairo  may  do  so,  by  taking  out  a  license 
upon  the  following  conditions,  viz. :  for  the  period  of  one  year  upon 
payment  of  two  hundred  dollars,  or  for  the  period  of  three  months 
at  fifty  dollars,  the  party  so  taking  out  license  entering  in  bond  to 
said  city,  with  good  and  approved  security,  in  the  sum  of  five 
hundred  dollars,  conditioned  for  the  observance  of  all  ordinances 
now  in  force,  or  hereafter  to  be  passed,  regulating  the  duties  and 
business  of  auctioneers  :  Bi'ovided ,  that  any  one  permanently 
embarked  in  the  business  of  auctioneer  and  having  auction-rooms 
may  employ  an  auctioneer  to  sell  for  him  at  his  rooms  without 
taking  out  an  additional  license. 

BANKERS  AND  BROKERS. 

Sec.  140.  Every  person,  copartnership  of  persons  or  body 
corporate  following  or  exercising  the  business  of  a  banker  or  broker 
in  the  city  of  Cairo,  shall  procure  a  license  therefor,  by  paying  one 
hundred  dollars  per  annum  into  the  city  treasury.  Every  person, 
copartnership  of  persons  or  body  corporate,  violating  the  provisions 
of  this  section  shall  forfeit  and  pay,  for  the  use  of  the  city,  a  sum 
not  less  than  one  hundred  dollars,  nor  more  than  five  hundred 
dollars,  for  each  offense. 

BILLIARDS,  PIN  ALLEYS,  ETC. 

Sec.  141.  It  shall  not  be  lawful  for  any  person  or  persons 
within  the  city  of  Cairo  to  keep  and  use  a  billiard  table,  bagatelle 


78 


ORDINANCE. 


or  pigeon-hole  table,  or  pin  alley,  without  first  obtaining  a  license 
therefor. 

Sec.  142.  Before  license  shall  be  granted  to  any  applicant 
for  keeping  a  billiard,  bagatelle  or  pigeon-hole  table,  or  pin  alley, 
he  shall  pay  to  the  city  treasurer  the  following  sums  per  annum, 
viz. :  For  a  billiard  table  fifty  dollars ;  for  a  bagatelle  or  pigeon¬ 
hole  table  twenty  dollars,  and  for  a  pin  alley  fifty  dollars;  and  the 
applicant  shall  be  required  to  specify  the  house  where  such  billiard, 
bagatelle  or  pigeon-hole  table,  or  pin  alley  is  to  be  set  up,  and  may 
take  ont  license  for  six  months  only  by  paying  one-half  of  the  sutoi 
specified. 

Sec.  143.  Any  person  failing  to  take  out  a  license  for  a  billiard 
table,  bagatelle  or  pigeon-hole  table,  or  pin  alley  shall,  for  each  and 
every  day  he  shall  use  such  billiard,  bagatelle  or  pigeon-hole  table, 
or  pin  alley,  without  having  license,  forfeit  and  pay  to  the  city  a 
sum  not  less  than  five  dollars  nor  more,  than  fifty  dollars. 

BUTCHERS. 

Sec.  144.  Every  person  or  copartnership  of  persons  following 
the  business  of  a  butcher  or  dealer  in  meats  in  the  city  of  Cairo, 
shall  pay  into  the  city  treasury  the  sum  of  one  hundred  dollars  per 
annum  for  license  so  to  do,  and  any  person  violating  the  provision 
of  this  section  shall  forfeit  and  pay  a  sum  not  less  than  ten  nor 
more  than  twenty-five  dollars  for  each  and  every  offense  :  Provided , 
that  the  foregoing  provision  shall  not  apply  to  butchers  selling  at 
their  stalls  in  the  city  market. 

DRAYMEN. 

Sec.  145.  It  shall  not  be  lawful  for  any  person  or  persons 
within  the  city  of  Cairo  to  use  or  drive  a  dray,  wagon,  cart  or  other 
vehicle  for  hire,  to  and  from  places  within  the  city,  without  having 
first  obtained  a  license  therefor,  and  paid  the  tax  thereon,  as  here¬ 
inafter  provided,  and  every  person  who  shall  exercise  the  business, 
trade  or  occupation  in  this  section  specified,  or  who  shall  use  or 
drive  a  wagon,  dray,  cart  or  other  vehicle  without  being  duly 
licensed  thereunto,  shall  forfeit  and  pay,  for  the  use  of  the  city,  for 
each  and  every  load  hauled,  a  sum  not  less  than  five  dollars,  nor 
more  than  fifty  dollars. 


ORDINANCE. 


79 

' 

Sec.  146.  Before  any  license  shall  be  granted  for  any  of  the 
purposes  or  objects  specified  in  the  preceding  section  the  applicant 
or  applicants  for  the  same  shall  pay  to  the  city  treasurer  the 
following  sums,  viz. : 

For  every  dray,  wagon,  cart  or  other  vehicle,  used  to  convey  property  for 

hire,  drawn  by  one  horse . $10.00 

For  every  dray,  wagon,  cart,  or  other  vehicle  used  as  above,  drawn  by  two 

horses  or  oxen .  15.00 

Sec.  147.  Every  license  shall  be  granted  for  the  term  of  six 
months  or  one  year,  at  the  option  of  the  applicant,  and  if  granted 
for  six  months,  only  half  the  tax  specified  in  the  preceding  section 
of  this  chapter  shall  be  required  to  be  paid. 

Sec.  148.  Every  person  taking  out  a  license  under  the  provi¬ 
sions  of  the  preceding  sections  for  a  wagon,  dray,  cart  and  other 
vehicle  shall  execute  a  bond  to  the  city  in  the  sum  of  one  hundred 
dollars  for  each  vehicle,  with  two  or  more  sureties,  to  be  approved 
by  the  city  clerk,  conditioned  for  the  faithful  performance  of  his 
duty  as  owner  or  driver  of  said  vehicle  or  vehicles,  and  that  he  will 
account  for  and  pay  all  damages  arising  from  any  neglect  or  loss  on 
his  part  while  so  engaged,  and  that  he  will  faithfully  deliver  all 
goods,  property,  baggage  or  other  thing  delivered  to  him  or  them 
or  his  or  their  agents  or  drivers. 

Sec.  149.  The  owner  or  driver  of  every  wagon,  dray,  cart,  or 
other  vehicle  to  whom  a  license  shall  be  granted,  shall  register  and 
number  the  same  with  the  city  clerk,  giving  his  place  of  residence ; 
and  when  so  licensed  and  numbered,  the  following  sums  may  be 
demanded  and  received  for  the  services  specified,  where  no  agree¬ 
ment  to  the  contrary  is  made  by  the  parties,  to-wit : 

For  hauling  each  and  every  load  with  wagon,  cart,  dray,  or  other  vehicle, 


with  two  horses  or  two  oxen .  $0.75 

For  hauling  above  with  one  horse .  50 


Sec.  150.  The  provisions  of  this  chapter  shall  not  apply  to 
persons  who  shall  transport  for  hire  or  pay,  any  article  from  or  to 
said  city  from  or  to  any  place  without  the  same. 

Sec.  151.  The  owner  or  driver  of  every  dray,  wagon,  cart  or 
other  vehicle,  who  shall  demand  and  receive  for  any  load  hauled 
within  the  city  limits  a  greater  amount  than  is  allowed  for  such 


80 


ORDINANCE. 


service  by  the  city,  shall  forfeit  and  pay,  for  every  such  offense,  a 
sum  not  less  than  one  dollar,  nor  more  than  five  dollars. 

Sec.  152.  All  licensed  drays,  wagons,  carts  and  other  vehicles, 
shall  have  a  number,  corresponding  with  the  number  of  their 
license,  painted  with  black  paint  on  a  white  ground  in  a  conspicu¬ 
ous  place  on  the  said  dray,  wagon,  cart,  or  other  vehicle ;  the 
figures  of  said  number  to  be  not  less  than  two  inches  in  height ; 
and  for  each  day  the  owner  or  driver  of  any  licensed  dray,  wagon, 
cart,  or  other  vehicle,  shall  neglect  and  omit  to  have  said  dray, 
wagon,  cart  or  other  vehicle,  numbered  as  above  provided  for,  he, 
she  or  they  shall  forfeit  and  pay  to  the  city  a  sum  not  less  than 
three  dollars,  nor  more  than  ten  dollars. 

GUNPOWDER. 

Sec.  153.  Every  person,  copartnership  of  persons,  or  body 
corporate,  keeping  for  sale  or  storage  gunpowder,  within  the  city 
limits,  shall  pay  an  additional  license  of  twenty-five  dollars  per 
annum,  and  every  person,  copartnership  of  persons  or  body  corpo¬ 
rate  violating  the  provisions  of  this  section  shall  forfeit  and  pay  a 
sum  not  less  than  twenty-five  dollars,  nor  more  than  fifty  dollars 
for  each  and  every  offense. 

INSURANCE  COMPANIES. 

Sec.  154.  It  shall  not  be  lawful  for  any  person  to  act  as  agent 
or  solicitor  for  insurance  companies,  and  to  contract  for  or  issue 
any  policies  of  insurance  against  loss  or  damage,  by  fire,  or  from 
the  perils  of  navigation,  or  upon  lives,  or  insurance  against  acci¬ 
dents  or  personal  injuries,  in  the  city  of  Cairo,  without  first  taking 
out  a  license  therefor ;  nor  shall  it  be  lawful  for  any  person  or 
persons  to  solicit  risks  or  make  any  insurance  contract,  fire,  marine, 
life  or  accidental,  for  and  in  behalf  of  any  insurance  company, 
unless  the  said  person  shall  have  first  taken  out  a  license  therefor 
in  accordance  with  the  provisions  of  this  section. 

Sec.  155.  Before  any  person  or  persons  shall  do  any  business 
for  and  in  behalf  of  any  fire,  marine,  life  or  accidental  insurance 
company,  such  person  shall  first  pay  into  the  city  treasury,  for  the 
use  of  the  city  of  Cairo,  the  sum  of  one  hundred  dollars  for  a 


ORDINANCE. 


81 


license,  whereupon  the  city  clerk  of  the  city  of  Cairo,  shall  be,  and 
is  hereby  authorized  to  issue  to  such  person  a  license  for  the  term 
of  one  year  from  the  date  of  such  payment,  granting  to  the  said 
person  the  right  and  privilege  to  make  contracts  of  insurance,  issue 
policies,  and  do  all  other  acts  and  things  requisite  and  necessary  for 
the  transaction  of  business  in  this  city. 

Sec.  156.  Any  person  or  persons  violating  any  of  the  foregoing 
provisions  shall  pay  a  fine  of  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars  for  each  violation,  to  be  recovered  in  any 
court  of  competent  jurisdiction,  from  such  person. 

MERCHANTS  AND  TRADERS. 

Sec.  157.  It  shall  not  be  lawful  for  any  person  or  persons, 
company,  or  corporation,  whose  stock  in  trade,  and  personal  prop¬ 
erty  within  the  city  of  Cairo,  shall  not  have  been  previously  assessed 
for  taxation,  to  vend  or  sell  within  the  city  limits  of  Cairo  any 
goods,  wares,  merchandise,  chattels  or  effects,  without  first  procur¬ 
ing  a  license  so  to  do ;  and  any  person  or  persons,  company  or 
corporation,  who  shall  vend  or  sell,  or  offer  for  sale,  any  goods, 
merchandise,  wares,  chattels  or  effects,  without  having  a  legal 
license  so  to  do,  shall  forfeit  and  pay  a  sum  not  less  than  ten  dollars 
nor  more  than  fifty  dollars  for  each  and  every  offense.  Retail 
traders,  and  merchants  whose  property  and  stock  in  trade  has  not 
been  assessed  for  taxation  shall  pay  for  license  the  sum  of  one 
hundred  dollars  per  annum  :  Provided ,  that  license  may  be  taken 
out  for  any  period  not  less  than  three  months,  by  paying  a  propor¬ 
tionate  amount. 

Sec.  158.  No  person,  not  already  licensed  by  the  provisions  of 
this  chapter,  shall  be  permitted  to  open  and  do  business  as  a  mer¬ 
chant,  or  trader,  at  wholesale  or  retail,  in  the  city  of  Cairo,  without 
having  first  obtained  a  merchants  license.  Such  license  shall  be 
granted  upon  the  payment  of  ten  dollars  into  the  city  treasury,  and 
in  case  of  neglect  to  procure  such  license  every  such  person  shall 
be  subject  to  a  fine  of  not  less  than  five  dollars,  nor  more  than 
twenty-five  dollars  for  every  day  so  offending. 

11 


82 


ORDINANCE. 


PAWNBROKERS. 

Sec.  159.  No  person  or  copartnership  of  persons,  or  body 
corporate,  shall  carry  on  or  conduct  the  business  or  calling  of  a 
pawnbroker,  within  the  city  of  Cairo,  without  haying  first  obtained 

a  license  so  to  do,  under  a  penalty  of  not  less  than  twenty  dollars 

< 

nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  160.  Any  person  who  loans  money  on  deposit  or  pledge  of 
personal  property,  funds,  notes  or  other  securities,  or  who  deals  in 
the  purchasing  of  personal  property  or  choses  in  action,  on  condi¬ 
tion  of  selling  the  same  back  again  at  a  stipulated  price,  is  hereby 
defined  and  declared  to  be  a  pawnbroker. 

Sec.  161.  Pawnbroker’s  license  shall  be  granted  to  any  person 
of  good  character  who  may  apply  therefor  on  the  following  condi¬ 
tions  :  The  person  so  applying  shall  first  pay  into  the  city  treasury 
a  sum  of  money  in  proportion  to  the  sum  of  three  hundred  dollars 
per  annum  for  the  time  such  license  shall  be  granted,  and  shall 
execute  a  bond  to  the  city  of  Cairo  in  the  sum  of  five  hundred 
dollars,  conditioned,  that  the  said  applicant  will  in  every  particular 
conform  to  the  requirements  of  this  chapter,  and  with  the  require¬ 
ments  or  provisions  of  any  ordinance  hereafter  to  be  passed 
concerning  pawnbrokers. 

Sec.  162.  The  city  clerk  shall  keep  a  register  of  all  licences 
granted  under  this  chapter,  in  which  he  shall  record  the  name  of 
the  person  licensed,  the  time  of  issuing  the  same,  and  the  place  of 
business  of  the  person  so  licensed. 

Sec.  163.  Every  person  so  licensed  as  aforesaid  shall  keep  at 
his  place  of  business  a  substantial  and  well-bound  book,  in  which 
he  shall  enter,  in  writing,  a  minute  description  of  all  personal 
property,  bonds,  notes,  or  other  securities  received  on  deposit  or 
purchase,  as  aforesaid,  the  time  when  they  were  so  received,  and 
particularly  mentioning  any  prominent  or  descriptive  marks,  that 
may  be  on  such  property,  notes,  bonds  or  other  securities,  together 
with  the  name  and  residence  of  the  person  or  persons  by  whom 
they  were  left;  which  said  book  shall  be  kept  clean  and  legible, 
and  no  entry  therein  shall  be  erased,  obliterated  or  defaced,  and  all 


ORDINANCE. 


83 


the  entries  therein  shall  be  made  with  ink.  Every  such  licensed 
person  failing  to  comply  with  any  of  the  provisions  of  this  chapter, 
shall  forfeit  to  said  city  the  sum  of  twenty-five  dollars. 

Sec.  164.  Every  person  so  licensed  as  aforesaid,  shall,  during 
the  ordinary  hours  of  business,  when  requested  by  the  mayor,  or 
any  police  officer  of  the  city,  submit  and  exhibit  such  book,  in  this 
chapter  provided  for,  to  the  inspection  of  said  mayor  or  police 
officer,  and  shall  also  exhibit  any  goods,  personal  property,  bonds, 
notes  or  other  securities  that  may  be  so  left  with  said  licensed  person, 
to  the  inspection  of  said  mayor  or  police  officer ;  and  every  such 
licensed  person  refusing  to  submit  said  books,  goods,  personal 
property,  or  choses  in  action  as  aforesaid,  upon  request  of  the 
mayor,  or  any  police  officer  of  said  city,  shall  forfeit  and  pay  to  the 
city  of  Cairo  the  sum  of  twenty-five  dollars  for  every  such  offense. 

Sec.  165.  No  person,  licensed  as  aforesaid,  shall  take  or  receive 
in  pawn  or  pledge  for  money  loaned,  or  shall  take,  receive  or 
purchase,  within  the  line  of  business  of  such  pawnbroker,  any 
article,  property  or  thing  of  and  from  any  minor,  or  any  article, 
property  or  thing  of  and  from  any  person,  the  ownership  of  which 
property,  article  or  thing  is  in,  or  claimed  by,  any  minor,  the  said 
pawnbroker  knowing  said  article,  property  or  thing  to  be  owned  or 
claimed  by  such  minor.  Any  person  violating  any  or  either  of  the 
provisions  of  this  section,  shall,  on  conviction,  be  fined  in  a  sum  not 
exceeding  one  hundred  dollars,  and  any  person  so  licensed  violating 
any  of  the  provisions  of  this  chapter,  or  of  any  ordinance  hereafter 
passed,  concerning  pawnbrokers,  shall  be  subject,  in  the  discretion 
of  the  mayor,  to  have  his  license  revoked. 

PEDDLERS. 

Sec.  166.  Every  person  who  shall  sell  or  offer  any  goods,  wares, 
merchandise  or  other  article  of  value  for  sale,  barter  or  exchange 
at  any  place  in,  upon,  along  or  through  the  streets,  avenues,  alleys  or 
other  public  places,  docks  and  wharves,  shall  be  deemed  a  peddler. 

Sec.  167.  It  shall  not  be  lawful  for  any  peddler  to  exercise  his 
calling  within  this  city  without  a  license )  and  any  person  violating 
this  section  shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars  for  every  offense. 


84 


ORDINANCE. 


Sec.  168.  The  city  clerk  is  hereby  authorized,  in  his  discretion, 
to  grant  a  peddler’s  license,  for  one  month  at  a  time,  to  any  person 
applying  for  the  same,  upon  the  payment  of  fifty  dollars  :  Provided , 
such  person  so  applying  shall  execute  to  the  city  of  Cairo  a  good 
and  sufficient  bond,  with  ample  security,  to  be  approved  by  the  city 
clerk,  in  the  penal  sum  of  three  hundred  dollars,  conditioned  for 
the  faithful  observance  by  him  of  all  ordinances  of  the  city,  and 
for  the  payment  of  all  sums  of  money  he  may  become  liable  to  pay 
on  account  of  any  debt,  fine  or  penalty  incurred  by  him  at  any  time 
during  the  period  of  such  license  ;  and  further  conditioned  for  the 
payment  of  all  liabilities  he  may  incur  by  reason  of  any  deceit, 
fraud  or  misrepresentation  to  any  person  or  persons  with  whom  he 
may  deal  as  such  peddler  :  And  provided  further ,  that  the  city 
clerk  shall  be  satisfied  that  the  person  so  applying  is  in  all  respects 
a  suitable  and  proper  person  to  be  so  licensed,  and  of  good  moral 
character.  Every  application  for  license  shall  specify  the  kind  and 
aggregate  value,  as  near  as  may  be,  of  the  goods,  merchandise  or 
articles  desired  to  be  peddled,  and  also  the  mode  of  conveyance  of 
the  same,  whether  by  cart,  trunk,  hack  or  wagon,  or  otherwise ;  and 
the  license  issued  shall  set  forth  such  description  and  mode  of 

A 

conveyance. 

Sec.  169.  License  to  peddle  books,  fruit,  nuts,  cakes,  refresh¬ 
ments,  or  bread,  may  be  granted  on  payment  into  the  city  treasury 
of  the  sum  of  five  dollars  per  annum. 

Sec.  170.  Any  person  licensed  as  aforesaid,  who  shall  be  guilty 
of  any  fraud,  cheat,  misrepresentation  or  imposition  while  acting  in 
such  capacity,  or  who  shall  peddle  any  other  kind  of  goods, 
merchandise  or  other  articles,  or  use  any  other  mode  of  conveyance 
than  that  specified  in  his  license,  without  leave  of  the  mayor,  shall, 
on  conviction  thereof,  be  subject  to  a  fine  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

Sec.  171.  This  chapter  shall  not  be  so  construed  as  to  apply  to 
any  person  or  persons  coming  into  the  city  from  the  country  with 
teams  or  otherwise,  with  any  produce  for  market ;  or  to  any  person 
selling  any  vegetables,  berries,  or  the  produce  of  their  own  farms  or 
premises ;  nor  be  construed  to  apply  to  the  peddling  of  newspapers. 


ORDINANCE. 


85 


Sec.  172.  Any  person  who  shall  exercise  the  vocation  of  a 
peddler,  by  means  of  wagon,  cart,  or  other  vehicle,  shall  cause  his 
name,  together  with  the  number  of  his  license,  to  be  painted  on  the 
outside  of  his  vehicle,  in  letters  and  figures  not  less  than  two  inches 
in  length.  Any  violation  of  this  section  shall  subject  the  offender 
to  a  fine  of  not  less  than  five  dollars  and  not  more  than  fifty  dollars. 

PORTERS. 

Sec.  173.  No  person  shall  act  as  a  public  porter  in  the  city  of 
Cairo,  for  the  carriage  of  any  goods,  wares  or  merchandise,  or  other 
thing  for  hire  or  pay,  either  with  or  without  a  handcart,  wheel¬ 
barrow,  or  vehicle  drawn  or  propelled  by  hand,  without  having  first 
obtained  a  license  for  that  purpose,  as  hereinafter  provided ;  and 
any  person  violating  the  provisions  of  this  section,  shall  forfeit  and 
pay  to  said  city  a  sum  not  less  than  five  dollars  nor  more  than  fifty 
dollars  for  each  and  every  offense. 

Sec.  174.  Licenses  shall  be  granted  under  this  chapter  to  all 
persons  for  one  year,  upon  the  payment  of  ten  dollars  into  the  city 
treasury,  and  every  person  so  licensed  shall  wear,  while  so  engaged, 
a  badge,  conspicuously  displayed  in  front  of  his  hat,  cap,  or  breast, 
with  the  words  “  city  porter,”  and  the  number  of  his  license 
plainly  painted  or  engraved  thereon  in  legible  characters,  and  every 
licensed  porter  who  shall  neglect  to  wear  such  badge  shall  forfeit 
and  pay  to  said  city  a  sum  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars  for  each  and  every  day  he  shall  neglect  to  wear 
his  badge  as  above  provided. 

Sec.  175.  All  porters  licensed  under  this  ordinance  shall  be 
entitled  to  charge  for  their  services  the  sum  of  twenty-five  cents 
for  each  and  every  load,  and  they  shall  be  subject  to  the  same  regu¬ 
lations  so  far  as  they  are  applicable,  and  to  the  same  penalties  for  a 
violation  of  these  regulations,  as  are  imposed  by  the  section  of  this 
chapter  in  relation  to  draymen. 

RUNNERS. 

Sec.  176.  It  shall  not  be  lawful  for  any  person  to  act  as  runner 
for,  or  to  in  any  manner  solicit  or  ask  the  patronage  or  custom  of 


86 


ORDINANCE. 


any  traveler  or  other  person  for  any  public  house  or  hotel,  steam¬ 
boat,  railroad  or  public  conveyance  or  transportation  company,  at 

Q) 

any  railroad  station  or  depot,  steamboat  landing  or  other  place  in 
said  city,  other  than  at  the  house  or  hotel,  depot,  station  or  landing, 
or  the  usual  place  of  business  of  the  person,  persons  or  company 
by  whom  he  shall  be  employed,  unless  he  shall  first  obtain  a  license 
for  that  purpose  as  hereinafter  provided ;  and  every  person  violating 
the  provisions  of  this  section  shall  forfeit  and  pay  to  the  city  a  sum 
not  less  than  five  dollars  nor  more  than  fifty  dollars  for  each  and 
every  offense. 

Sec.  177.  Every  licensed  runner,  when  acting  as  such,  or 
soliciting  custom  or  patronage,  shall  wear  conspicuously  in  front  of 
his  hat,  cap  or  breast,  a  badge  with  the  name  of  the  house,  road, 
company  or  line  of  conveyance  for  which  he  is  acting,  and  the 
number  of  his  license  plainly  painted  or  engraved  thereon  in  legible 
characters ;  and  any  person  violating  the  provisions  of  this  section 
shall  forfeit  and  pay  to  the  city  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  and  every  offense. 

Sec.  178.  Every  licensed  runner,  who  shall  suffer  or  permit 
any  other  person  to  wear  his  badge,  and  every  person  not  licensed 
under  this  ordinance,  who  shall  wear  the  badge  of  a  licensed  runner, 
shall  forfeit  and  pay  to  said  city  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  and  every  offense. 

Sec.  179.  Every  runner,  who  shall  at  any  time  or  place,  when 
engaged  in  his  employment,  make  use  of  any  indecent,  profane  or 
boisterous  language,  or  be  guilty  of  loud  talking,  hallooing,  or  any 
disorderly  conduct,  or  shall  vex,  disturb,  or  importune  strangers, 
travelers,  or  citizens,  or  shall  refuse  to  observe  and  obey  any  order 
or  directions  of  the  mayor,  city  marshal,  or  any  police  constable  or 
conservator  of  the  peace  in  said  city,  which  may  be  given  for  the 
preservation  of  good  order,  and  for  the  convenience  of  the  public, 
at  any  railroad  station  or  depot,  or  steamboat  or  other  landing, 
shall  forfeit  and  pay  to  the  city  a  sum  not  less  than  five  dollars  nor 
more  than  fifty  dollars  for  each  and  every  offense,  and  the  magis¬ 
trate  before  whom  the  conviction  is  had  may,  in  his  discretion,  enter 
up  as  a  part  of  the  judgment,  the  forfeiture  of  his  license. 


ORDINANCE. 


87 


Sec.  180.  Licenses  shall  be  granted  to  steamboat  runners  for 
six  months  or  one  year,  on  the  payment  of  three  hundred  dollars 
for  one  year,  or  one  hundred  and  fifty  dollars  for  six  months,  upon 
execution  by  the  applicant  of  a  bond  in  the  sum  of  five  hundred 
dollars,  conditioned  for  the  faithful  performance  of  his  duties  as 
such  steamboat  runner ;  and  license  shall  also  be  granted  to  hotel 
runners  at  fifty  dollars  per  annum :  Provided ,  that  the  hotel 
proprietor  may  take  out  the  license  ;  and  Provided ,  also ,  that  the 
name  of  such  runner  employed  by  the  hotel  be  inserted  in  the 
license,  and  the  same  be  transferable  from  one  runner  to  another 
upon  application  to  the  city  clerk. 

SALOONS,  GROCERIES,  ETC. 

Sec.  181.  It  shall  not  be  lawful  for  any  person  or  persons  to 
keep  a  beer-shop,  saloon,  room  or  other  place  for  the  retailing  of 
vinous,  spirituous  or  fermented  liquors  in  a  less  quantity  than  one 
gallon,  without  having  first  obtained  a  license  therefor  as  herein¬ 
after  mentioned,  and  any  person  who  shall  sell  or  barter  any  vinous, 
spirituous  or  fermented  liquors  in  a  less  quantity  than  one  gallon, 
without  having  first  obtained  a  license  therefor  from  the  city,  shall 
forfeit  and  pay  a  fine  of  not  less  than  ten  dollars,  nor  more  than 
fifty  dollars  for  each  and  every  offense.  » 

Sec.  182.  The  proper  officers  of  the  city  may,  in  their  discre¬ 
tion,  grant  a  license  to  retail  vinous,  spirited  or  fermented  liquors 
to  any  white  person  or  persons,  who  may  apply  therefor,  upon  the 
applicant  or  applicants  filing  a  petition  in  writing,  setting  forth  the 
particular  lot,  block  and  building  intended  to  be  occupied  by  him 
or  them  for  that  purpose,  and  producing  the  treasurer’s  receipt  for 
the  proper  amount  to  be  paid,  and  entering  into  a  bond  to  the  city 
of  Cairo  in  the  sum  of  five  hundred  dollars,  liquidated  damages, 
conditioned  to  keep  a  quiet  and  orderly  house,  and  to  observe  all 
laws  of  this  State,  and  ordinances  of  the  city  council,  regulating 
the  retailing  of  vinous,  spirituous  or  fermented  liquors. 

Sec.  183.  For  licenses  to  sell  and  retail  vinous,  spirituous  or 
fermented  liquors  in  less  quantity  than  one  gallon  within  the  limits 


88 


ORDINANCE. 


of  the  city,  the  following  sums  in  the  legal  currency  of  the  United 
States  shall  be  paid,  viz. : 

For  licenses  for  groceries  to  be  kept  on  Levee  street,  below  10th  street,  the 

sum  of. .  $225 


For  licenses  for  same  to  be  kept  on  Levee  street,  between  10th  and  14th  streets  150 
For  licenses  for  same  to  be  kept  on  Commercial  and  Washington  avenues, 
below  10th  street,  and  all  cross  streets  between  Levee  street  and  Washing¬ 
ton  avenue,  below  10th  street  and  on  10th  street  from  Levee  to  Washing¬ 
ton  avenue . . .  150 

For  same  to  be  kept  on  Commercial  and  Washington  avenues,  above  10th  and 
below  27th  street,  and  on  cross  and  other  streets  between  Levee  street  and 

Washington  avenue  below  21st  street .  100 

For  same  on  all  other  streets  and  places .  75 


Said  license  money  to  be  received  in  sums  of  seventy-five  dollars, 
and  licenses  to  be  issued  for  a  proportionate  length  of  time. 

Sec.  184.  Every  license  granted  under  the  three  preceding 
sections  of  this  chapter  shall  he  granted  for  the  term  of  not  more 
than  one  year,  and  shall  designate  the  lot  and  block,  and  particu¬ 
larly  the  house  or  room  wherein  such  licensed  person  or  persons 
shall  exercise  his  or  their  employment,  and  shall  not  be  assignable, 
although  on  application  to  the  city  clerk,  and  the  applicants  entering 
into  a  new  bond,  license  may  be  transferred  to  another  house  or 
different  locality  of  the  city. 

Sec.  185.  If  any  retailer  of  vinous,  spirituous  or  fermented 
liquors,  his  agent,  clerk  or  other  person,  shall  keep  open  any  grocery, 
saloon,  shop,  store  or  other  place  of  business  on  Sunday,  for  the 
purpose  of  retailing  vinous,  spirituous  or  fermented  liquors  on  that 
day,  or  shall  retail  or  give  away  any  vinous,  spirituous  or  fermented 
liquors  on  that  day,  he  shall  forfeit  and  pay,  to  the  city  of  Cairo,  a 
sum  of  not  less  than  fifteen  dollars,  nor  more  than  fifty  dollars  for 
each  and  every  offense. 

Sec.  186.  Whenever  the  mayor  of  the  city  shall  be  of  the 
opinion  that  it  is  necessary  and  proper  that  groceries  and  places 
where  vinous,  spirituous  and  fermented  liquors  are  sold,  should  be 
closed  and  the  sale  of  such  liquors  prohibited,  he  shall  issue  his 
proclamation  requiring  all  persons  to  close  their  groceries  and 
abstain  from  the  sale  of  such  liquors,  designating  the  time  during 
which  such  groceries  shall  be  closed  and  the  sale  of  such  liquors 


ORDINANCE. 


89 


prohibited,  and  during  such  time  it  shall  not  be  lawful  for  any 
person  to  sell,  barter  or  give  away  such  liquors  in  any  quantity 
whatever )  and  every  person  who  shall  violate  the  provisions  of  this 
section  shall  forfeit  and  pay  to  the  city  a  sum  not  less  than  fifty 
dollars,  nor  more  than  two  hundred  and  fifty  dollars,  or  shall  be 
imprisoned  in  the  city  jail  for  not  less  than  ten  days,  nor  more  than 
three  months,  for  each  and  every  offense. 

Sec.  187.  All  moneys  arising  from  grocery  licenses  shall  be  set 
apart  and  held  exclusively  as  a  special  fund,  to  be  applied  to  the 
payment  of  the  interest  upon  the  city  bonds  heretofore  or  which 
shall  hereafter  be  issued  by  the  city,  and  be  used  for  no  other 
purpose  whatsoever. 

SELLING  GOODS  BY  SAMPLE. 

Sec.  188.  It  shall  not  be  lawful  for  any  non-resident  person,  or 
copartnership,  or  body  corporate,  to  sell  or  offer  to  sell  any  goods, 
wares  or  merchandise,  or  articles  of  commerce  or  trade,  within  the 
city  of  Cairo,  by  sample,  without  having  first  obtained  a  license 
under  this  chapter.  Licenses  shall  be  granted  upon  the  payment 
into  the  city  treasury  of  one  hundred  dollars  for  one  year  :  Pro¬ 
vided ,  that  license  may  be  taken  out  for  a  period  of  three  or  six 
months,  upon  the  payment  of  a  proportionate  amount.  Any  person 
violating  this  section  shall  forfeit  and  pay  for  the  use  of  the  city  a 
sum  not  less  than  twenty-five  dollars,  nor  more  than  fifty  dollars  for 
each  and  every  offense. 

SHOWS,  THEATRES,  ETC. 

Sec.  189.  No  person  shall  set  up,  exhibit  or  maintain  any 
theatre,  circus,  concert,  museum,  large  traveling  show  or  any  other 
performance,  exhibition  or  entertainment,  within  the  limits  of  the 
city,  without  having  first  obtained  a  license  therefor ;  and  every 
person  who  shall  so  set  up  any  theatre,  circus,  concert,  museum, 
large  traveling  show,  or  other  similar  performance,  exhibition,  or 
entertainment,  without  being  first  licensed  thereunto,  shall  forfeit 
and  pay  to  the  city  a  sum  not  less  than  ten  dollars,  nor  exceeding 
one  hundred  dollars  for  each  and  every  offense. 

12 


90 


ORDINANCE. 


Sec,  190.  No  organ  grinder  shall  be  allowed  to  perform,  and 
no  exhibitor  of  stereoscopic  or  panoramic  pictures  shall  be  allowed 
to  exhibit  on  the  streets,  or  within  the  limits  of  the  city,  without 
first  obtaining  a  license  thereunto  as  hereafter  provided;  and  any 
such  person  exhibiting  or  performing,,  shall  forfeit  and  pay  a  fine 
of  not  less  than  three  dollars  nor  more  than  twenty  dollars,  for  each 
and  every  offense. 

Sec.  191 .  The  license  for  every  circus  and  side  shows  shall  be  fifty 

dollars  ;  for  every  concert,  ten  dollars  ;  for  every  other  temporary 

show,  performance,  exhibition  or  entertainment,  such  as  museums 

and  panoramas,  five  dollars,  for  every  day  so  performing  or  exhibiting 

in  the  city  of  Cairo ;  and  every  organ  grinder  and  exhibitor  of 

stereoscopic  or  panoramic  views,  performing  or  exhibiting  in  the 

city,  shall  pay  the  sum  of  two  dollars  into  the  city  treasury  for 

every  day  he  may  so  exhibit  or  perform.  The  license  for  a 

theatre  or  other  such  place  of  amusement  shall  be  fixed  by  the  city 

council  on  application  of  the  proprietor  of  such  intended  place  of 

amusement;  a  bond,  however,  the  amount  of  which  the  council 

may  fix,  being  required,  that  such  theatre  or  place  of  amusement 

shall  be  kept  in  an  orderly  manner  :  Provided ,  that  lectures  on 

scientific,  historical,  or  literary  subjects,  or  exhibitions  or  musical 

parties  and  concerts  given  or  made  by  the  citizens  of  the  city  for 

charitable,  religious  or  benevolent  purposes,  need  not  be  licensed. 

% 

TRAVELING  VENDERS  OE  MEDICINES  AND  RECIPES. 

Sec.  192.  Every  traveling  vender  of  medicines  and  recipes, 
who  shall,  within  the  city  of  Cairo,  take  up  his  temporary  abode 
for  the  purpose  of  procuring  a  sale  of  such  medicines  or  recipes, 
shall  pay  a  license  of  twenty-five  dollars  per  day,  and  in  case  of 
neglect  to  procure  such  license,  shall  forfeit  and  pay  for  the  use  of 
the  city  a  sum  not  less  than  twenty-five  nor  more  than  fifty  dollars 
for  each  and  every  offense. 

WHARF-BOATS. 

Sec.  193.  License  may  be  granted  to  wharf-boats  to  transact 
thereon  a  storage,  warehouse,  re-shipping  and  forwarding  business 
within  the  limits  of  the  city  of  Cairo,  upon  payment  by  the  owners 


ORDINANCE.  9l 

or  proprietors  thereof  into  the  city  treasury  of  the  sum  of  five 
hundred  dollars  per  annum  for  each  and  every  wharf-boat  lying  at 
or  occupying  the  landing  in  the  city,  and  engaged  in  the  business 
aforesaid,  so  used  by  him. 

Sec.  194.  Every  person,  co-partnership  of  persons,  or  body 
corporate  owning,  occupying  or  possessing  any  boat,  vessel,  float, 
dock,  wharf-boat  or  other  structure  stationed,  moored  or  anchored 
on  the  waters  of  either  the  Ohio  or  Mississippi  rivers  within  the 
limits  of  the  said  city,  their  agents  or  servants,  who  shall  receive 
or  forward,  or  store,  or  re-ship  any  goods,  wares  or  merchandise  on 
said  boat,  vessel,  float,  dock,  wharf-boat,  or  other  structure,  shall  be 
deemed  guilty  of  a  violation  of  this  chapter,  and  shall  forfeit  and 
pay  to  and  for  the  use  of  said  city  a 'sum  not  less  than  fifty  dollars 
($50)  nor  more  than  one  hundred  dollars  ($100)  for  each  and  every 
day  they  are  so  engaged  in  carrying  on  the  wharf-boat  business 
aforesaid  without  license  :  Provided ,  the  provisions  of  the  fore¬ 
going  section  shall  not  apply  to  steamboats,  flat-boats  or  other 
vessels  used  for  navigating  the  Ohio  and  Mississippi  rivers, 
engaged  in  receiving  and  discharging  freight. 

Sec.  195.  It  shall  not  be  lawful  for  any  boat  or  vessel  to  be 
stationed,  moored  or  anchored  on,  at  or  near  to  the  shore  of  either 
the  Ohio  or  Mississippi  rivers,  within  the  limits  of  the  city  of  Cairo, 
for  the  purpose  of  keeping  any  tavern,  hotel  or  grocery,  receive 
money  for  the  entertainment  of  guests  or  boarders,  or  to  vend  or  to 
sell  any  spirituous,  vinous  or  fermented  liquors,  or  any  goods,  wares, 
merchandise,  boat  stores,  meats  or  provisions,  without  first  obtaining 
a  license  therefor  from  the  city  council  or  their  authorized  officers ; 
and  every  person,  co-partnership  of  persons  or  body  corporate,  who 
shall  violate  the  provisions  of  the  preceding  section,  shall  forfeit 
and  pay  for  the  use  of  the  city  a  sum  of  not  less  than  ten  dollars, 
nor  more  than  one  hundred  dollars  for  each  and  every  offense. 


92 


ORDINANCE. 


CHAPTER  X. 


MARKETS. 


Section — 

196.  What  shall  be  “  City  Markets.” 

197.  What  shall  constitute  additional 

part  of  the  City  Markets. 

198.  Market  Master,  bond  of. 

199.  Duties  of  Market  Master. 

200.  May  make  rules  and  regulations. 

201.  When  Stalls  shall  be  leased. 

202.  Grade  of  prices ;  how  established. 

203.  How  bidding  must  be  done ;  what 

part. 

204.  How  lease  money  shall  be  paid ; 

collectors. 

205.  Any  person  improperly  occupying 

a  stall ;  how  fined. 

206.  No  license  shall  be  transferred; 

monopoly. 

207.  If  lessee  fail  to  furnish  his  stall 

with  meat. 

208.  If  stall  be  not  leased  or  if  it  is  for¬ 

feited. 

209.  What  clause  shall  be  in  lease. 

210.  When  stall  to  be  painted. 

211.  Wbat  articles  may  be  seized ;  when. 

212.  Market  Master  to  see  to  the  fact 

that  scales,  etc.,  are  properly 
stamped. 

213.  Disorderly  persons ;  how  removed. 

214.  When  markets  shall  be  open. 


Section — 

215.  Market  Master;  how  he  shall  an¬ 

nounce  closing  of  market. 

216.  No  sales  at  markets  on  Sunday. 

217.  Yinous,  etc.,  liquors  not  to  be  sold 

in  markets. 

218.  No  chickens  or  vegetables,  etc.,  to 

be  sold  in  market  hours  anywhere 
except  in  open  market. 

219.  Market  Master  shall  see  that  mar¬ 

ket  places  are  kept  clear ;  fine. 

220.  Fine  for  violating  rules  of  market. 

221.  Charges  of  Market  Master  for  cor¬ 

recting  and  sealing  scales. 

222.  All  scales  in  the  city  to  be  tested 

by  the  Market  Master. 

223.  Committee  on  Markets  to  provide 

Market  Master  with  sealed 
weights,  platform  scale,  etc. 

224.  What  charges  Market  Master  shall 

make. 

225.  Persons  disturbing  markets,  how 

fined. 

226.  Persons  occupying  stands,  how  they 

shall  clean  the  same. 

227.  No  fire  to  be  allowed  in  the  market 

house,  etc. 

228.  How  persons  violating  four  previ¬ 

ous  sections  shall  be  fined. 


Section  196.  A  sufficient  space  of  ground  at  the  junction  of 
Washington  avenue  and  Poplar  streets,  between  Ninth  and  Tenth 
streets,  not  exceeding  sixty-five  feet  in  width  and  two  hundred  feet 
in  length,  and  the  house  situated  on  lot  twenty-one,  block  eighteen, 
in  the  first  addition  to  the  city  of  Cairo,  shall  be  and  are  hereby  set 
apart  for,  and  shall  hereafter  be  known  as  the  “  city  markets.” 

Sec.  197.  All  that  portion  of  Poplar  street  between  Tenth  and 
Eleventh  streets,  and  adjoining  to  block  thirty-five,  in  said  city,  and 
the  sidewalk  along  said  block,  and  all  that  portion  of  Washington 
avenue  between  Tenth  and  Eleventh  streets  and  adjoining  to  block 
thirty-five,  in  said  city,  and  the  sidewalk  on  and  along  the  same, 
and  adjoining  to  said  block  thirty-five,  not  exceeding  twenty-five 


ORDINANCE. 


93 


feet  in  width  on  Poplar  street,  and  not  exceeding  thirty  feet  on 
Washington  avenue,  and  that  portion  of  Poplar  street  between 
Eighteenth  and  Nineteenth  streets,  be  and  the  same  is  hereby 
declared  to  constitute  a  part  of  said  “city  markets/’  for  the  use  of 
farmers,  gardeners,  and  marketers,  and  their  teams,  wagons  and 
vehicles,  and  for  the  sale  of  their  products  and  commodities. 

Sec.  198.  There  shall  be  appointed  a  market  master  for  said 
u  city  markets,”  who  shall  be  appointed  by  the  mayor  and  confirmed 
by  the  city  council,  and  shall  be  ex  officio  inspector  of  weights  and 
measures,  and  who,  before  entering  on  the  discharge  of  the 
duties  of  his  said  office,  shall  execute  a  bond  to  the  city  in  the  sum 
of  two  thousand  dollars,  with  good  security,  conditioned  that  he 
will  diligently  and  impartially  discharge  the  duties  of  said  offices, 
and  account  for  and  pay  over  to  the  city  treasurer  or  other  proper 
officer  or  person,  all  moneys  which  may  come  to  his  hands  by  virtue 
of  said  office,  belonging  to  said  city,  or  to  any  person  or  corpora¬ 
tion,  and  who  shall  also  take  the  usual  oaths  of  office  prescribed  by 
law,  and  an  oath  faithfully,  impartially  and  to  the  best  of  his  skill 
and  judgment  to  discharge  the  duties  of  said  office,  and  shall  hold 
his  office  for  one  year  and  until  his  successor  is  appointed  and 
qualified. 

Sec.  199.  It  shall  be  the  duty  of  said  market  master  :  First , 
To  exercise  a  general  supervision  over  the  market  houses  and 
grounds,  and  to  enforce  regulations  for  the  government  thereof. 
Second ,  To  assign  places  to  wagons  or  persons  attending  the 
markets,  and  enforce  order  therein.  Third ,  To  have  the  general 
care  and  custody  of  the  market  houses  and  all  appurtenances. 
Fourth ,  To  examine  the  quality  of  all  articles  offered  for  sale  in 
the  markets,  and  to  seize  all  blown,  unsound,  diseased,  impure  or 
unwholesome  articles  exposed  for  sale.  Fifth ,  To  examine  the 
weight  of  all  articles  exposed  for  sale,  and  seize  all  that  are  of  less 
weight  than  that  represented  by  the  seller.  Sixth ,  To  enforce 
order  in  the  market  places,  and  decide  all  disputes  which  may  arise 
between  buyer  and  seller,  touching  the  weight  or  measure  of  any 
article.  Seventh ,  To  attend,  either  in  person  or  by  deputy,  at 
the  markets  every  day  during  market  hours.  Eighth ,  To  pay 


94 


ORDINANCE. 


into  the  city  treasury,  on  the  last  Saturday  of  each  month,  all 
moneys  received  by  him  on  account  of  the  city. 

Sec.  200.  Proper  authority  is  hereby  given  to  the  market 
master  to  make  all  needful  rules  and  regulations  touching  the 
arrangement  of  vegetable  and  fruit  stands,  which  shall  be  in  said 
market  houses  until  the  necessities  of  the  business  transacted 
thereat  may  require  that  they  should  be  placed  outside,  and  the 
arrangement,  stationing  and  removal  of  wagons  and  other  vehicles 
used  or  brought  by  marketers  or  others,  on  to  the  market  grounds  : 
Provided ,  such  rules  and  regulations  are  not  inconsistent  with  the 
laws  of  this  state  or  the  charter  or  ordinances  of  said  city,  and  are 
first  approved  by  the  mayor  of  the  city;  and  that  the  market 
master  shall  cause  a  sufficient  number  thereof,  in  hand-bill  form,  to 
be  posted  and  kept  posted  in  said  market  house,  and  in  his  office. 

Sec.  201.  It  shall  be  the  duty  of  the  market  master  on  the  first 
Monday  of  January,  annually,  to  lease  all  the  stalls  and  stands  in 
said  markets,  at  public  auction  to  the  highest  bidder,  after  having 
given  at  least  ten  days’  notice  of  the  time  and  place  of  letting  the 
same,  by  advertisement  in  the  newspapers  of  the  city,  and  by 
hand-bills,  which  letting  shall  be  between  the  hours  of  10  A.  M., 
and  4  P.  M.,  at  said  markets  :  Provided ,  that  said  stalls  shall  not 
be  let  at  less  than  the  appraised  value  thereof ;  and  all  stands  set 
apart  and  designated  for  the  sale  of  fish  shall  be  let  or  leased  for 
one  year,  on  the  first  Monday  of  April,  annually. 

Sec.  202.  It  shall  be  the  duty  of  the  mayor  of  the  city,  together 
with  the  market  master  and  the  chairman  of  the  committee  of  the 
city  council  on  markets,  to  establish  and  grade  the  prices  of  all 
stands  and  stalls,  which  shall  be  leased  for  the  term  of  one  year. 

Sec.  203.  Every  person  bidding  off  a  stall  or  stand  in  said 
markets,  shall  immediately  pay  to  the  market  master  th6  sum  of 
ten  dollars,  which  shall  be  credited  on  his  lease,  and  if  the  said 
party  shall  fail  within  three  days  after  request,  to  join  in  the 
execution  of  a  lease  for  the  same,  with  two  good  securities,  the 
said  sum  of  ten  dollars  and  all  the  rights  of  said  bidder  shall  be 
forfeited  to  the  city. 

Sec.  204.  The  lease  or  rent  of  all  stalls  and  stands  in  said 


ORDINANCE. 


95 


markets  shall  be  paid  quarterly,  and  a  neglect  to  pay  the  same  for 
more  than  ten  days  after  it  becomes  due,  shall  work  a  forfeiture  of 
said  lease  and  all  rights  of  the  leesee  under  the  same,  and  said 
stall  shall  be  taken  possession  of  by  the  market  master,  and  re-let 
for  the  use  of  said  city.  And  it  shall  be  the  duty  of  the  market 
master  to  keep  a  correct  list  and  register  of  all  the  stalls  and  stands 
in  said  markets,  and  of  the  time  and  terms  of  leasing  the  same, 
together  with  the  name  of  the  lessee  or  lessees,  and  of  their  secu¬ 
rities,  and  of  all  forfeitures  of  the  same,  and  shall,  whenever  any 
rent  or  lease  money  shall  become  due  to  the  city  for  any  stall  or 
stand,  and  the  lessee  shall  neglect  or  refuse  to  pay  the  same,  to 
make  out  an  account  for  the  same  and  deliver  it  to  the  city  comp¬ 
troller,  who  shall  immediately  deliver  the  same  to  the  city  marshal 
for  collection  and  charge  the  said  marshal  with  the  amount  thereof ; 
and  it  shall  be  the  duty  of  said  city  marshal  to  collect  the  same  and 
pay  it  into  the  city  treasury ;  and  the  market  master,  when  leasing 
stalls  or  stands,  shall  pay  over  all  moneys  received  by  him  therefor 
to  the  city  treasurer,  taking  duplicate  receipts  therefor,  one  of 
which  shall  be  filed  with  the  city  clerk;  and  the  city  marshal  shall 
in  a  like  manner  pay  over  all  moneys  collected  by  him — by  suit  or 
otherwise — for  the  rent  or  lease  of  stalls  or  stands,  or  other  privi¬ 
leges  in  said  markets,  to  the  city  treasurer. 

Sec.  205.  If  any  person,  whose  lease  has  been  forfeited,  or  any 
other  person  who  shall,  without  proper  authority,  hold  or  occupy 
any  stall  or  stand  in  said  markets,  he  shall  forfeit  and  pay  to  the 
city,  not  less  than  ten  nor  more  than  fifty  dollars  for  each  and 
every  day  he  shall  so  use,  hold  or  occupy  said  stall  or  stand ;  and  no 
lessee  shall  be  authorized  or  allowed  to  transfer  his  lease  or  permit 
any  other  person  to  use  his  stall  or  stand  ;  nor  shall  any  person  or 
firm  be  allowed  to  lease  or  occupy  more  than  one  stall  for  butcher’s 
meats,  and  one  for  game,  one  for  fish,  and  one  for  vegetables. 

Sec.  206.  No  person  or  company  of  persons  shall  be  allowed  to 
transfer  their  lease,  or  allow  the  stand  or  stall  leased  by  them  to  be 
used  by  any  other  person  or  firm,  who  may  have  a  lease  for  a 
similar  kind^  of  stand  or  stall,  whereby  any  combination  or  mon¬ 
opoly  shall  be  established  in  said  markets  ;  and  whoever  shall  violate 


96 


ORDINANCE. 


the  provisions  of  this  section,  shall  forfeit  to  the  city  all  his  rights 
to  such  stall  or  stand  and  all  moneys  paid  on  the  same,  as  lease  or 
rent  charges  ;  and  for  the  second  offense  shall  forfeit  all  his  rights 
to  stands  or  stalls  in  said  markets  ;  and  for  the  third  offense,  shall 
he  forever  thereafter  disqualified  from  holding,  leasing  or  using  any 
such  stand  or  stall,  or  from  being  in  anywise  interested  in  the  same. 

Sec.  207.  If  any  person  being  the  lessee  of  any  stall  or  stand 
in  said  markets,  shall  for  the  space  of  six  consecutive  days,  (except 
in  case  of  severe  sickness,)  fail  or  neglect  to  have  the  same  supplied 
with  such  articles  as  he  may  be  authorized  to  keep  and  sell  thereat, 
the  same  shall  be  forfeited  to  the  city,  and  it  shall  be  the  duty  of 
the  market  master  to  take  possession  of  the  same,  and  re-let  it  for 
the  unexpired  term,  at  public  or  private  letting. 

Sec.  208.  If  any  stall  or  stand  be  not  leased  at  the  regular 
letting,  or  it  shall  be  forfeited,  the  market  master  may  permit  any 
person  to  occupy  the  same  in  conformity  herewith,  for  a  day  or  a 
number  of  days  up  to  the  next  regular  letting,  at  a  rate  not  less 
than  fifty  cents  for  each  day,  which  shall  be  paid  to  the  market 
master,  and  by  him  to  the  city  treasurer. 

Sec.  209.  In  making  leases  for  stalls  and  stands  there  shall  be 
inserted  a  clause,  allowing  the  city  to  destroy,  alter  or  remove  any 
stand,  stall  or  market,  by  giving  to  the  lessee  at  least  three  months’ 
notice  of  the  desire  to  do  so. 

Sec.  210.  Each  and  every  lessee  or  occupant  of  a  stall  or  stand 
in  said  market  houses,  shall  have  the  same  painted  twice  a  year,  in 
April  and  October. 

Sec.  211.  It  shall  be  the  duty  of  the  market  master  to  seize 
all  articles  offered  for  sale  in  said  markets,  which  are  not  of  the 
weight  or  measure  represented  by  the  seller,  and  dispose  of  the 
same  for  the  benefit  of  the  city. 

Sec.  212.  The  market  master  shall  see  that  all  scales  and  other 
implements  for  weighing,  used  in  said  markets,  are  duly  stamped 
and  certified  to  be  correct,  and  shall,  whenever  requested,  weigh  or 
measure  any  article  or  articles  offered  for  sale  in  said  markets, 
belonging  to  marketers  or  others ;  and  shall  be  allowed  to  charge  * 
five  cents  for  each  separate  or  single  article  weighed,  or  for  each 


ORDINANCE. 


97 


measuring,  to  be  paid  by  the  person  or  party  requesting  the  same  to 
be  weighed  or  measured;  and  no  person  shall  charge  for  weighing  or 
measuring  any  article  on  said  market  grounds,  except  the  market 
master  or  his  deputy,  under  a  penalty  of  not  less  than  ten  dollars 
nor  more  than  fifty  dollars  for  each  offense. 

Sec.  213.  The  market  master  is  hereby  authorized  to  remove 
from  the  market  houses  and  grounds  in  a  summary  manner  any 
person  guilty  of  any  violent  and  disorderly  conduct,  or  who  shall 
in  any  way  interfere  with  or  disturb  marketers  or  buyers,  or  refuse 
to  observe  the  regulations  or  ordinances  for  the  government  of 
said  market. 

Sec.  214.  The  markets  shall  be  open  for  the  sale  of  articles, 
victuals  and  provisions,  from  the  dawn  of  day  until  ten  o’clock  A.  M. 
from  the  first  day  of  April  to  the  first  day  of  October,  and  from 
five  o’clock  A.  M,  to  eleven  o’clock  A.  M.  during  the  remainder  of 
the  year,  except  on  Saturday,  when  it  shall  be  open  from  four  P.  M. 
to  eleven  P.  M. 

Sec.  215.  The  market  master  shall  be  provided  with  a  bell,  and 
announce  by  the  ringing  thereof  the  closing  of  market  hours,  and 
every  lessee  or  occupier  of  a  stand  or  stall  shall,  within  thirty  minutes 
after  the  ringing  of  said  bell,  cause  his  provisions  and  vegetables  to 
be  removed  from  the  market  houses,  or  closely  and  securely  packed 
therein  in  his  stall,  and  his  stall  or  stand  to  be  cleaned,  and  all  animal 
or  vegetable  offal  and  rubbish  to  be  removed,  and  each  butcher 
shall  cause  all  his  tables,  blocks  and  fixtures  to  be  scraped  and 
cleaned;  and  no  provisions  or  other  things  "shall  be  sold  in  said 
markets  except  during  market  hours,  unless  by  permission  of  the 
market  master,  and  then  only  by  the  bulk  or  quantity. 

Sec.  216.  No  person  shall  expose  for  sale  or  sell  any  article  in 
market  on  Sunday. 

Sec.  217.  No  person  shall,  in  market,  sell  or  give  away  any 
vinous  or  spirituous  or  fermented  liquors,  or  set  up  or  keep  any 
table  or  place  for  eating  or  drinking ;  nor  shall  any  intoxicated  or 
turbulent  person  be  permitted  to  stay  in  said  markets ;  and  whoever 
shall  violate  any  of  the  provisions  of  the  preceding  sections,  shall, 

13 


98 


ORDINANCE. 


on  conviction,  forfeit  and  pay  a  sum  not  less  than  one  nor  more 
than  fifty  dollars. 

Sec.  218.  No  person  coming  into  this  city  with  a  wagon  or 
other  vehicle,  with  vegetables,  chickens,  fruits,  game,  or  country 
produce  of  any  kind,  shall  offer  the  same  for  sale  in  any  part  of  the 
city  during  market  hours,  except  on  the  market  grounds ;  and  any 
person  violating  the  provisions  of  this  section  shall  forfeit  and  pay 
to  the  city  a  sum  not  less  than  three  dollars  for  each  and  every 
offense. 

Sec.  219.  It  shall  be  the  duty  of  the  market  master  to  see  that 
the  market  space  and  streets  of  the  city,  and  the  sidewalks  adja¬ 
cent  to  said  markets,  are  kept  clear  of  and  free  from  all  huckster’s 
stands,  tables,  carts,  wagons,  boxes,  or  other  contrivances,  and  if 
any  person  shall  keep,  set  up,  occupy,  or  maintain  any  such  huck¬ 
stering  stand,  table,  cart,  wagon,  box,  or  other  contrivance,  on  any 
of  the  streets,  lanes,  alleys,  sidewalks,  levees,  or  other  public  places 
in  said  city,  adjacent  to  said  markets,  and  shall  not  remove  the 
same  on  notice  from  the  market  master,  city  marshal  or  any  police 
constable  of  said  city,  every  person  so  offending  shall  forfeit  and 
pay  a  sum  not  less  than  one  hundred  dollars  for  each  day  said  stall, 
stand,  cart,  box,  or  other  contrivance,  shall  be  so  used  by  him,  her 
or  them  as  a  huckster. 

Sec.  220.  It  is  hereby  made  the  special  duty  of  the  market 
master  and  city  marshal,  and  the  police  constables  of  this  city,  to 
arrest  all  persons  found  violating  any  of  the  provisions  of  this 
chapter,  and  convey  them  before  a  police  magistrate  for  trial,  who 
shall  proceed  therein  as  in  other  cases  for  breach  of  the  city 
ordinances. 

Seo.  221.  The  market  master  shall  charge  a  fee  of  fifty  cents 
for  correcting,  stamping  and  sealing  scales  to  be  used  in  said  markets, 
or  any  where  in  the  city,  and  a  fee  of  twenty-five  cents  for  each 
measure  sealed  and  stamped  by  him,  larger  than  half  bushel,  and 
ten  cents  for  each  measure  of  half  bushel  or  less,  and  all  fees 
received  by  him  shall  be  paid  into  the  city  treasury. 

Sec.  222.  It  shall  not  be  lawful  for  any  person  within  the  limits 


ORDINANCE. 


99 


of  the  city  to  use  any  scales  or  other  contrivance  for  weighing, 
without  first  having  the  same  tested  and  stamped,  under  a  penalty 
of  not  less  than  one  nor  more  than  twenty-five  dollars  for  each 
offense. 

Sec.  223.  It  shall  he  the  duty  of  the  committee  on  markets  to 
provide  the  market  master  with  sealed  weights  and  measures,  and 
the  same  shall  be  preserved  by  him  in  his  office  for  the  use  of  the 
city;  and  it  shall  also  be  the  duty  of  said  committee  to  cause  a 
large  platform  scale  to  he  erected  at  some  convenient  point  in  said 
market  grounds,  for  the  use  of  the  market  master  and  city,  for 
weighing  stock,  coal,  hay  and  other  thing  which  any  person  may 
desire  to  have  weighed  thereat. 

Sec.  224.  The  market  master  shall  be  authorized  to  charge  and. 
receive  the  following  prices  for  weighing  at  said  scale  :  For  each 
hog  or  sheep,  five  cents ;  cattle  or  horses,  each,  fifteen  cents  ; 
wagons  or  drays,  empty,  fifteen  cents ;  and  each  load  of  hay,  corn, 
or  any  kind  of  vegetables,  twenty-five  cents ;  and  for  each  load  of 
coal,  one-half  cent  per  bushel. 

Sec.  225.  It  shall  not  be  lawful  for  any  person  or  persons  to 
disturb  or  interfere  with  the  peaceful,  quiet  and  orderly  prosecution 
of  business  in  the’  market  houses,  platforms  and  grounds  thereunto 
annexed,  during  market  hours,  by  loud,  excitable  or  angry  talking, 
or  by  throwing  or  pelting,  either  in  anger  or  otherwise,  with  any 
apple,  turnip,  cabbage,  or  other  missile  by  which  people  in  market 
may  be  annoyed,  windows  broken,  or  any  injury  whatever  done  to 
person  or  property. 

Sec.  226.  All  persons  who  use  or  occupy  a  stall  or  stand  in  the 
market  houses  shall  be  obliged,  when  cleaning  out  the  same  after 
market  is  over,  to  remove,  clear  away  from  the  market  houses  and 
platforms,  all  offal  or  refuse  meat  or  vegetable  matter  which  may 
have  accumulated  in  the  same  during  market  hours,  and  not  sweep 
it  into  the  doorways  or  immediate  crossings ;  and  it  shall  also  be  a 
violation  of  this  section  for  any  person  to  pump  or  throw  water 
over  the  floors  or  platforms  of  the  market  houses  in  a  wanton  or 
careless  manner. 

Sec.  227.  It  shall  not  be  lawful  for  any  person  to  build  a  fire 


100 


ORDINANCE. 


in  any  stove  or  other  contrivances  whatever,  either  in  the  market 
houses  or  on  any  of  the  platforms  around  them  ;  and  it  shall  not  be 
lawful  for  any  person  to  obstruct  the  doorways  of  the  market  houses 
by  piling  up  or  placing  any  barrel,  box,  or  crate  in  the  passages 
between  the  stalls  or  stands  during  market  hours,  thereby  preventing 
the  easy  egress  or  ingress  of  parties  attending  market;  nor  shall 
any  person  occupy  a  greater  space  than  his  stall  in  the  market 
ground  for  the  sale  of  his  commodities ;  nor  shall  it  be  lawful  for 
any  person  to  leave,  for  more  than  thirty  minutes  after  the  market 
is  over,  any  empty  barrel,  box  or  crate,  or  other  obstruction,  on  the 
platforms  of  the  market  houses. 

Sec.  228.  Any  person  or  persons  violating  any  of  the  pro¬ 
visions  of  any  of  the  last  four  sections  of  this  chapter,  shall,  on 
conviction  thereof,  forfeit  and  pay  to  the  city  a  sum  of  not  less 
than  three  dollars  nor  more  than  twenty-five  dollars  for  each  and 
every  offense. 


CHAPTER  XI. 


NUISANCES. 


Section — 

229.  Obstructions  in  the  street;  fine; 

how  recovered. 

230.  How  privies  shall  be  built. 

231.  Privy  or  privy  vaults,  hog-pons,  etc., 

when  injurious  to  public  health; 
what  the  fine. 

232.  Dead  amimals ;  fines. 

233.  Houses  of  ill  fame  declared  public 

nuisances. 


Section — 

234.  Such  houses  unlawful ;  what  the 

penalties  for. 

235.  City  Marshal  may  remove  nuis¬ 

ances. 

236.  When  five  citizens  give  notice  of  a 

house  being  used  as  a  house  of  ill 
fame,  etc.;  what  fine. 

237.  How  a  rotten  building,  etc.;  if  dan¬ 

gerous  to  the  neighbors,  may  be 
removed. 


Section  229.  If  any  person  or  persons  shall  place  or  erect,  or 
cause  to  be  placed  or  erected,  in  any  public  street  or  avenue  of  the 
city,  any  building,  fence,  or  other  permanent  obstruction,  the  same 
shall  be  deemed  a  nuisance ;  and  every  person  so  offending  shall  be 
notified  by  the  mayor,  in  writing,  to  remove  the  same  on  or  before  a 
day  specified  in  the  notice;  and  on  failure  to  comply  with  the 
requirements  of  said  notice,  such  person  shall  forfeit  and  pay  for 


ORDINANCE. 


101 


the  use  of  the  city,  the  sum  of  twenty  dollars,  and,  in  addition 
thereto,  ten  dollars  for  each  and  every  day  said  building,  fence,  or 
other  obstruction  shall  remain  after  the  time  specified  in  said  notice; 
and  in  case  of  neglect  to  remove  the  building,  fence,  or  other 
obstruction  within  the  time  specified  in  the  notice,  the  city  marshal 
or  one  of  the  police  constables,  to  be  designated  by  the  mayor, 
shall  forthwith  cause  such  building,  fence,  or  other  obstruction  to 
be  removed  at  the  expense  of  the  person  offending. 

Sec.  230.  Each  and  every  tenement  within  the  city,  used  as  a 
dwelling  house,  shall  be  furnished  with  a  suitable  privy,  the  vault 
of  which  shall  be  sunk  into  the  ground  at  least  eight  feet,  and  shall 
be  so  constructed  that  the  inside  of  the  same  shall  be  at  least  two 
feet  distant  from  the  line  of  every  adjoining  lot,  unless  the  owner 
of  the  adjoining  lot  shall  otherwise  agree,  and  also  the  same 
distance  from  every  street  or  avenue.  Every  owner  or  renter,  or 
occupier  of  a  tenement  used  as  a  dwelling  house,  offending  against 
the  provisions  of  this  chapter,  shall  forfeit  and  pay  for  the  use  of 
the  city,  a  sum  not  less  than  five  dollars  nor  more  than  fifteen 
dollars,  for  each  and  every  day  he  or  they  shall  neglect  to  provide 
a  suitable  privy  as  above  provided  for. 

Sec.  231.  Every  person  who  shall  keep  or  maintain  any  privy 
or  privy  vault,  hog-pen,  manure-heap,  sink-hole,  or  slaughter¬ 
house,  in  such  place  or  manner  as  shall  be  offensive  to,  or  be  likely 
to  be  injurious  to  the  health  of  any  portion  of  the  inhabitants  of 
the  city,  shall  forfeit  and  pay  for  the  use  of  the  city,  a  sum  not 
less  than  three  dollars  nor  more  than  ten  dollars,  for  each  and  every 
day  he,  she  or  they  shall  keep  or  maintain  said  privy,  or  privy 
vault,  hog-pen,  manure-heap,  sink-hole,  or  slaughter-house,  after 
being  notified  by  the  city  marshal,  one  of  the  police  constables  or 
mayor,  to  remove  the  same. 

Sec.  232.  Every  person,  who  shall  bring  or  cause  to  be  brought 
within  the  limits  of  the  city  any  dead  animal,  and  leave  the  same 
to  putrefy  or  rot  therein,  or  whoever,  being  the  owner  or  possessor 
of  any  animal  which  shall  die  therein,  and,  knowing  of  its  death, 
shall  not  cause  the  same  to  be  removed  one-lialf  mile  beyond 
the  limits  of  the  city,  shall  forfeit  and  pay  for  the  use  of  the  city, 


102 


ORDINANCE. 


not  less  than  five  dollars  nor  more  than  twenty  dollars,  for  each  and 
every  offense ;  and  the  city  marshal  shall  cause  the  same  to  be 
removed  at  the  expense  of  the  person  offending,  the  fine  and 
expense  to  be  collected  as  in  other  cases. 

Sec.  233.  Each  and  every  house  of  ill-fame,  bawdy  house, 
assignation  house,  or  other  house  or  place  within  the  limits  of  the 
city  of  Cairo,  kept  or  maintained  for  the  practice  of  fornication,  or 
illicit  commerce  of  that  character,  is  hereby  declared  to  be  a  public 
nuisance,  and  as  such  shall  be  subject  to  all  the  laws  enacted  or  in 
force  for  the  abatement,  removal  or  suppression  of  the  same. 

Sec.  234.  It  shall  be  and  is  hereby  declared  to  be  unlawful  for 
the  owner  of  any  house,  place  or  tenement  within  said  city  limits, 
or  for  his  agent  or  attorney,  to  let  or  lease  the  same  for  the  use  or 
purposes  mentioned  in  the  preceding  section,  or  to  knowingly  suffer 
any  one  who  may  be  in  possession  thereof,  under  any  lease  or  agree¬ 
ment  with  him,  so  to  use,  occupy  or  possess  the  same )  and  every 
such  owner,  his  agent  or  attorney,  who  shall  knowingly  lease  or  let 
any  premises  within  the  limits  of  this  city  for  such  purpose,  or  who 
shall  knowingly  suffer  or  permit  the  use  or  occupancy  thereof,  for 
the  same,  shall  forfeit  and  pay  double  the  value  of  the  rents  of 
such  house  or  tenement  for  the  time  it  shall  be  so  occupied,  used 
or  possessed,  to  be  recovered  by  an  action  of  debt  before  any 
court  having  jurisdiction  of  the  same,  the  one-half  to  the  informer, 
the  other  half  of  said  penalty  to  be  paid  to  the  city  treasurer. 

Sec.  235.  It  shall  be  lawful,  and  it  is  hereby  declared  to  be  the 
duty  of  the  city  marshal  and  all  police  constables  of  this  city,  to 
abate  and  remove  all  nuisances  of  every  character  from  the  city 
limits,  and  to  this  end  they  are  authorized  to  call  to  their  aid  any 
residents  of  the  city  deemed  necessary  by  them  for  said  purpose  ; 
and  for  all  reasonable  expenses  incurred  by  them  in  so  doing,  they 
shall  be  reimbursed  by  the  city,  and  shall  be  allowed  besides  at  the 
rate  of  three  dollars  per  day  for  the  time  so  occupied,  to  be  paid 
from  the  city  treasury. 

Sec.  236.  Whenever  notice  shall  be  given  by  any  five  residents 
to  any  owner  or  agent  of  any  tenement  within  the  city  limits,  as 
aforesaid,  setting  forth  that  any  house  or  tenement,  owned  or  let, 


ORDINANCE. 


103 


or  controlled  by  him,  is  occupied  by  and  for  the  purposes  or  any  of 
them  aforesaid,  he  may  call  to  his  aid  the  city  marshal  or  any 
police  constable  of  said  city,  whose  duty  it  shall  be  to  aid  him  in 
removing  and  abating  said  nuisance  by  delivery  of  possession  of  said 
premises  to  the  owner  or  agent  above,  and  ousting  the  occupants 
thereof,  and  for  so  doing  he  shall  be  compensated  and  reimbursed 
as  aforesaid. 

Sec.  237.  If  any  house  or  building  shall  by  decay,  or  rotten¬ 
ness  of  its  timbers,  be  in  danger  of  falling  or  being  blown  down,  or 
of  taking  fire,  and  shall  thus  become  dangerous  to  the  safety  of 
adjacent  property,  it  shall  and  may  be  lawful,  on  the  petition  of  five 
or  more  of  the  property  holders  in  the  neighborhood  of  such  house 
or  building,  for  the  city  council  of  the  city  of  Cairo  to  condemn 
such  house  or  building  as  a  nuisance,  provided  the  owner  or  owners 
after  notice,  actual  or  constructive,  shall  fail  to  remove  the  same 
within  the  time  specified  in  such  notice,  which  notice  shall  be 
served,  if  the  owner  be  a  resident  of  the  city,  by  the  city  marshal, 
and  if  a  non-resident  of  the  city,  by  publication  in  the  newspaper 
publishing  the  ordinances  of  the  city.  Upon  the  non-compliance 
of  the  owner  or  owners,  it  shall  be  the  duty  of  the  city  council  to 
appoint  three  impartial  house-holders  who  shall  be  first  sworn  to 
examine  said  house  or  building,  and  shall  report  to  the  city  council, 
whether  in  their  opinion  the  said  house  or  building  in  its  condition 
endangers  adjacent  property,  either  by  taking  fire,  or  by  falling,  or 
by  blowing  down,  and  whether  the  same  is  or  is  not  a  nuisance,  and 
upon  such  report  being  filed  and  approved  by  the  city  council,  it 
shall  be  the  duty  of  the  city  marshal  to  remove  said  house  or 
building  and  abate  the  same  as  a  nuisance,  provided  the  city  mar¬ 
shal  shall  first  advertise  and  offer  the  same  for  sale  to  the  highest 
bidder,  at  auction,  on  condition  that  the  purchaser  shall  remove  the 
same  as  soon  as  may  be  possible  after  the  purchase ;  and  after 
deducting  the  expense  of  the'  proceedings  and  sale,  the  city  mar¬ 
shal  shall  pay  over  any  surplus  which  may  accrue  from  said  sale 
into  the  city  treasury,  to  remain  there,  subject  to  the  call  of  the 
owner  or  owners  of  said  building. 


104 


ORDINANCE 


CHAPTER  XII. 

POLICE  REGULATIONS. 


Section — 

238.  Awnings,  how  they  shall  be  erect¬ 

ed;  fine  for  violations. 

239.  Bawdy  Houses ;  fine  for  keeping. 

240.  Birds  ;  fine  for  killing. 

241.  Cruelty  toward  Animals ;  how  pun¬ 

ished. 

242.  Carrying  concealed  weapons ;  pen¬ 

alty  for. 

243.  Disturbances,  Shouting,  Bawling 

and  using  obscene  language ; 
where ;  what  fine. 

244.  Disturbing  the  Peace  ;  fine. 

245.  Disturbing  a  Congregation  assem¬ 

bled  for  Religious  Worship ; 
penalty. 

246.  Disturbing  a  Church,  or  defacing  a 

Church  or  School  House;  what 
the  fine  for. 

247.  Firing  Pistol  or  Musket,  etc. ;  fine 

for. 

248.  Driving  on  Sidewalk ;  penalty  for. 

249.  Dogs;  tax  for. 

250.  When  Dogs  deemed  a  nuisance; 

what  the  duty  of  the  City  Marshal. 

251.  Sluts  not  to  run  during  the  period 

of  heat. 

252.  When  hydrophobia  is  prevalent,  the 

Mayor  may  by  proclamation  pro¬ 
hibit  running  of  dogs  at  large. 

253.  Persons  resisting  the  Marshal  or  his 

Assistants,  in  killing  dogs;  how 
fined. 

254.  Chapter  not  to  apply  to  Dogs  of  a 

certain  age. 

255.  City  Marshal  to  report  at  every 

meeting  the  dog  tax  collected,  and 
number  of  dogs  kiiled. 

256.  Drunkenness ;  what  penalty  for. 

257.  Using  false  weights  and  measures  ; 

what  penalty. 

258.  Gaming  Houses ;  what  penalty  for 

keeping. 

259.  Gamblers ;  how  punished. 

260.  False  Alarms ;  what  penalty  for 

giving. 

261.  Gunpowder,  how  to  be  kept,  in  what 

quantities ;  what  penalty. 


Section — 

262.  Steamboats  having  gunpowder  on 

board,  if  lying  at  the  levee  ;  how 
fined  ;  when. 

263.  When  City  Marshal  to  make  an  ex¬ 

amination  as  to  the  quantity  of 
gunpowder  kept ;  how  resistance 
punished. 

264.  If  Marshal  or  Police  fail  to  do  their 

duty ;  how  fined. 

265.  Persons  keeping  Gunpowder  for  sale 

to  have  Sign;  penalty. 

266.  Hitching  Posts. 

267.  Leaving  Horse  standing  unfasten¬ 

ed  ;  what  penalty  for. 

268.  Indecent  conduct  and  fast  driving. 

269.  Meeting  of  Vehicles. 

270.  Poison ;  regulations  in  regard  to. 

271.  At  what  speed  trains  shall  run  be¬ 

low  twentieth  street. 

272.  No  car  to  remain  at  crossings  of 

streets. 

273.  Penalty  for  violating  the  two  pre¬ 

vious  sections. 

274.  Double  track  only  allowed  on  Levee 

street ;  what  penalty  for  violation. 

275.  How  Engines  shall  be  run  by  day 

and  by  night. 

276.  What  kind  of  a  chimney  engine 

shall  have. 

277.  Bell  of  locomotive  to  ring ;  when; 

penalty. 

278.  Scaffolds,  how  they  shall  be  erected ; 

penalty. 

279.  Selling  Goods  on  Sunday  ;  fine  for. 

280.  Selling  sick,  overheated  moat ; 

what  penalty  for. 

281.  Selling  flesh  of  a  bull,  boar,  dog, 

cat,  etc. ;  what  fine  for. 

282.  Shutting  up  certain  Houses  ;  when ; 

by  whom. 

.  283.  Owner  refusing;  how  fined. 

284.  Trees ;  how  to  be  planted. 

285.  Vagabonds ;  how  fined. 

286.  Persons  without  visible  means  of 

support ;  when ;  how  fined. 

287.  Pickpockets,  etc. ;  how  punished. 

288.  Vaults  and  Areas ;  how  and  under 

whose  direction  to  be  constructed. 


ORDINANCE. 


105 


Section — 

289.  May  occupy  portions  of  the  street ; 

how  much. 

290.  Area  must  he  protected  by  railing ; 

fine  for  neglect. 

291.  Wells;  how  they  must  be  dug,  etc. 


Section — 

292.  Wearing  badge  of  Police;  punished. 

293.  Wearing  garments  of  the  other 

sex  ;  what  penalty  for 

294.  Whistling  of  Steamboats ;  penalty. 


AWNINGS. 

Section  238.  It  shall  be  lawful  for  persons  in  the  city  to  erect 
and  maintain  in  front  of  their  stores  or  houses,  light  rails  placed 
upon  posts  sunk  in  the  ground  at  the  outer  edge  of  the  sidewalks, 
and  to  cover  the  same  with  canvas,  and  to  be  used  as  awnings. 
Awnings  may  also  be  erected  and  maintained  as  aforesaid  of  iron 
framework  suspended  by  brackets  or  supports  from  the  wall  of  the 
building  and  covered  with  canvas,  provided  that  no  part  of  any 
awning  shall  be  less  than  eight  feet  from  the  sidewalk  at  its  lowest 
point,  and  provided  that  owners  of  awnings  shall  roll  them  up  at  or 
before  sunset  and  not  let  them  down  before  sunrise,  and  provided 
further  that  no  hand-bills,  signs,  figures,  letters,  hooks  or  other 
thing  shall  be  placed  or  allowed  to  remain  upon  any  part  of  said 
rails,  posts,  canvas  or  awnings  for  any  purpose  whatever,  so  as  to 
hang  down  lower  than  eight  feet  from  the  sidewalk.  Every  person 
violating  the  provisions  of  this  section  shall  forfeit  and  pay  to  the 
city,  not  less  than  five  dollars  nor  more  than  fifty  dollars,  for  every 
offense,  and  a  further  sum  of  ten  dollars  for  every  day  he,  sbe  or 
they  shall  persist  in  such  violation  after  the  first  conviction. 

BAWDY  HOUSES. 

Sec.  239.  No  person  shall,  within  the  limits  of  the  city,  keep 
a  bawdy  house,  or  house"  of  ill-fame,  or  assignation  house;  and 
every  person  so  offending  shall  forfeit  and  pay  a  sum  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  for  each  and 
every  offense. 

BIRDS. 

Sec.  240.  Every  person  who  shall  kill  or  wound,  or  attempt  to 
kill  or  wound,  by  the  use  of  fire-arms,  bow  and  arrow,  pelting  with 
stones,  or  otherwise,  any  bird  within  the  city  limits,  or  shoot  an 
arrow,  or  throw  a  stone  or  club,  or  other  missile,  at  any  bird 
within  any  private  grounds,  or  public  parks,  squares  or  grounds, 
(such  bird  not  being  the  property  of  the  person  so  offending),  or 
14 


106 


ORDINANCE. 


enter  upon  any  private  enclosure  or  public  ground  belonging  to 
tbe  city,  for  the  purpose  of  doing  any  act  prohibited  in  this  section, 
shall  forfeit  and  pay  not  less  than  five  dollars  nor  more  than  ten 
dollars  for  each  olfense. 

CARRYING  CONCEALED  WEAPONS. 

Sec.  241.  It  shall  not  be  lawful  for  any  person  to  carry  any 
concealed  deadly  weapon,  instrument  or  other  thing;  and  every 
person  violating  the^provisions  of  this  section  shall  forfeit  and  pay 
for  the  use  of  the  city  a  sum  not  less  than  two  dollars  nor  more 
than  ten  dollars,  for  each  and  every  such  olfense  :  Provided , 
that  this  section  shall  not  apply  to  police  constables,  or  to  persons 
actually  in  the  military  or  naval  service  of  the  United  States,  and 
persons  charged  with  execution  of  criminal  process,  or  to  any 
person  aiding  in  the  apprehension  and  arrest  of  supposed  criminals. 

CRUELTY  TOWARD  ANIMALS. 

Sec.  242.  Every  person  who  shall,  within  the  limits  of  the 
city,  beat  or  otherwise  injure  any  horse,  mare,  mule,  ass,  ox,  or 
other  animal,  in  an  immoderate,  cruel,  or  unnecessary  manner, 
shall  forfeit  and  pay,  for  the  use  of  the  city,  a  sum  not  less  than 
ten  dollars  nor  more  than  fifty  dollars,  for  each  and  every  offense. 

DISTURBANCES. 

Sec.  243.  No  person  shall  suffer  hallooing,  shouting,  bawling, 
screaming,  profane  or  obscene  language,  fighting,  dancing,  singing, 
whooping  or  quarreling,  or  any  other  unusual  sounds  or  noises  in 
his  or  her  house,  in  such  a  manner  as  to  disturb  the  neighborhood 
or  those  passing  through  the  streets ;  and  every  person  so  offending 
shall  forfeit  and  pay  for  the  use  of  the  city,  not  less  than  ten  nor 
more  than  fifty  dollars  for  the  first  offense,  and,  for  every  subse¬ 
quent  offense,  not  less  than  fifteen  dollars  nor  more  than  one 
hundred  dollars ;  and  if  the  person  so  offending  be  the  keeper  of 
a  grocery,  shop,  or  house,  licensed  by  the  city,  such  person  shall, 
upon  a  third  conviction,  forfeit  and  be  deprived  of  his  license. 

Sec.  244.  No  person  shall,  within  the  limits  of  the  city  of 
Cairo,  wilfully  disturb  the  peace  by  obscene,  profane,  offensive,  or 


ORDINANCE. 


107 

threatening  language,  calculated  to  provoke  a  breach  of  the  peace, 
or  by  assaulting,  striking,  or  fighting  another  ;  and  every  person 
so  offending  shall  forfeit  and  pay,  for  the  use  of  the  city,  a  sum  not 
less  than  five  dollars  nor  more  than  fifty  dollars,  for  each  and 
every  offense. 

Sec.  245.  No  person  shall,  within  the  limits  of  the  said  city 
of  Cairo,  disquiet  or  disturb  any  congregation  or  assembly  met  for 
religious  worship,  by  making  a  noise,  or  by  rude  and  indecent 
behavior,  or  profane  discourse  within  the  place  of  worship,  or  so 
near  as  to  disturb  the  solemnity  of  the  meeting;  and  every  person 
so  offending  shall  forfeit  and  pay,  for  the  use  of  the  city,  a  sum  not 
less  than  ten  dollars  nor  more  than  fifty  dollars,  for  each  and  every 
offense. 

Sec.  246.  No  person  shall,  within  the  limits  of  the  city,  disturb 
any  lawful  assemblage  of  people  by  rude  and  indecent  behavior  or 
otherwise,  or  injure,  deface,  or  in  any  manner  molest  any  church, 
school  house,  court  house  or  other  public  building ;  and  every 
person  so  offending  shall  forfeit  and  pay,  for  the  use  of  the  city,  a 
sum  not  less  than  five  dollars  nor  more  than  twenty-five  dollars,  for 
each  and  every  offense. 

Sec.  247.  No  person  shall,  within  the  limits  of  the  city,  fire  or 
discharge  any  musket,  cannon,  rifle,  fowling  piece,  gun,  pistol,  or 
other  fire-arms,  except  in  the  lawful  defense  of  person  or  property, 
or  by  any  military  company  or  assemblage  of  citizens  at  some  public 
celebration,  neither  discharge  or  set  off  any  cracker,  rocket,  torpedo, 
squib,  or  other  fire  works,  within  the  limits  of  the  city,  except 
during  some  public  celebration,  or  on  the  twenty-second  day  of 
February,  fourth  of  July,  Christmas  and  New  Year’s  Fay,  and 
eighth  of  January  in  every  year;  and  every  person  so  offending 
shall  forfeit  and  pay,  for  the  use  of  the  city,  a  sum  not  less  than 
three  dollars  nor  more  than  fifteen  dollars,  for  each  and  every 
offense. 

DRIVING  ON  SIDEWALKS. 

Sec.  248.  No  person  shall  lead,  ride  or  drive  any  beast  of 
burden,  or  vehicle,  on  any  sidewalk  in  this  city,  otherwise  than 
going  into  or  out  of  premises  owned  or  occupied  by  himself  or  his 


108 


ORDINANCE. 


employer ;  and  every  person  so  offending  shall  forfeit  and  pay,  for 
the  use  of  the  city,  a  sum  not  less  than  one  dollar  nor  more  than 
fifteen  dollars,  for  each  and  every  offense  :  Provided ,  the  place  of 
crossing  said  sidewalk  shall  be  protected  by  planks  or  otherwise,  so 
as  to  prevent  injury  to  it;  and  every  person  who  shall  willfully 
break,  destroy,  injure,  or  remove  any  portion  of  the  sidewalk  or 
street  crossing,  constructed  by  authority  of  the  city  council,  shall 
forfeit  and  pay,  for  the  use  of  the  city,  a  sum  not  less  than  five 
dollars  nor  more  than  fifty  dollars. 

DOGS. 

Sec.  249.  No  dog  or  slut  shall  run  at  large  within  the  limits  of 
the  city  of  Cairo,  unless  the  owner  thereof  shall  put  and  keep  upon 
the  neck  of  such  dog  or  slut  a  collar  made  of  some  durable 
substance,  on  which  the  name  of  such  owner  shall  be  inscribed  in 
plain  letters,  and  unless  such  owner  shall  also  give  his  name  and  a 
description  of  such  dog  or  slut  to  the  city  marshal,  who  shall 
register  the  same  in  a  book  to  be  kept  by  him  for  the  purpose,  and  at 
the  same  time  pay  to  the  said  city  marshal,  for  the  use  of  the  city,  the 
sum  of  one  dollar  and  fifty  cents  for  each  and  every  dog,  and  three 
dollars  for  each  and  every  slut  kept  or  owned  by  him  and  suffered 
to  run  at  large,  and  thereafter,  annually,  pay  a  like  tax  on  such 
dog  or  slut ;  and,  as  a  registry  fee,  the  said  city  marshal  shall 
retain  and  keep  fifty  per  centum  of  the  amount  of  taxes  collected 
by  him. 

Sec  250.  Every  dog  or  slut  running  at  large  contrary  to  the 
provisions  of  this  chapter,  shall  be  deemed  a  nuisance,  and  the 
owner  thereof  shall  forfeit  and  pay,  for  the  use  of  the  city,  the  sum 
of  five  dollars,  and  every  such  dog  or  slut  shall  be  killed  by  or 
under  the  direction  of  the  city  marshal  and  removed  from  the  city, 
and  the  said  city  marshal,  for  every  dog  or  slut  so  killed  and  removed, 
shall  be  allowed  and  paid  from  the  city  treasury  the  sum  of  one 
dollar. 

Sec.  251.  If  any  slut  be  found  running  at  large  within 
the  limits  of  the  city  during  the  period  of  her  heat,  the  owner 
thereof  shall  forfeit  and  pay  to  the  said  city  a  sum  not  less  than 


ORDINANCE. 


109 


two  dollars  nor  more  than  ten  dollars,  and  the  said  slut  shall  be 
killed  by  or  under  the  direction  of  the  said  city  marshal  and 
removed  from  the  city;  and  for  each  slut  so  killed  and 
removed,  the  said  city  marshal  shall  be  allowed  and  paid  from  the 
city  treasury  the  sum  of  one  dollar  and  fifty  cents. 

Sec.  252.  Whenever  the  mayor  or  president  pro  tempore  of 
the  city  council  of  the  city  of  Cairo  shall  he  of  opinion  that  any 
danger  of  hydrophobia  exists  in  the  said  city,  he  shall  issue  his 
proclamation  requiring  all  persons  within  the  city  to  confine  their 
dogs,  if  any  they  have,  for  such  time  as  he  may  designate ;  and  all 
dogs  found  running  at  large  in  said  city  during  the  time  designated, 
shall  be  killed  by  or  under  the  direction  of  the  city  marshal  and 
removed  from  the  city,  and  for  every  dog  so  killed  and  removed, 
the  city  marshal  shall  be  allowed  and  paid  out  of  the  city  treasury 
the  sum  of  one  dollar. 

Sec.  253.  If  any  person  or  persons  shall  in  any  way  prevent 
or  attempt  to  prevent  the  said  city  marshal,  or  any  person  acting 
under  his  direction,  from  killing  any  dog  or  dogs,  slut  or  sluts,  as 
herein  provided  for,  or  from  performing  any  duty  required  by  this 
chapter,  he,  she,  or  they  shall  forfeit  and  pay  to  the  said  city  of 
Cairo  a  sum  not  less  than  ten  dollars  nor  more  than  twenty-five 
dollars,  for  each  and  every  offense. 

Sec.  254.  The  provisions  of  this  chapter  shall  not  apply  to  any 
dog  or  slut  under  the  age  of  six  months,  nor  to  an}'-  dog  or  slut 
brought  into  the  city  by  the  owner  thereof,  such  owner  not  being  a 
resident,  until  such  dog  or  slut  shall  have  been  in  the  city  three 
days,  except  in  the  cases  provided  for  in  the  last  two  preceding 
sections,  the  provisions  of  which  said  sections  shall  apply  to  all  dogs 
found  in  the  city,  whether  the  owners  reside  in  the  city  or  not. 

Sec.  255.  The  said  city  marshal  shall  report  to  each  stated 
meeting  of  the  board,  the  amount  of  taxes  received,  and  dogs  killed 
under  the  provisions  of  this  ordinance. 

DRUNKENNESS. 

‘Sec.  256.  Every  person  found  in  a  state  of  intoxication  in  any 
highway,  thoroughfare,  street,  avenue  or  other  public  place  in  the 


110 


ORDINANCE. 


city,  shall  be  arrested  by  the  police  constable  or  police  officer,  or 
watchman,  on  view,  with  or  without  process,  and  committed  to  the 
city  jail  or  other  safe  place,  until  sober,  at  which  time,  or  as  soon 
as  may  be,  he  shall  be  taken  before  a  police  magistrate  having  juris¬ 
diction,  and  shall  forfeit  and  pay,  for  the  use  of  the  city,  a  sum  not 
more  than  ten  dollars  nor  less  than  one  dollar,  with  all  costs  and 
expenses  incurred  from  the  time  of  his  apprehension. 

FALSE  WEIGHTS  AND  MEASURES. 

Sec.  257.  Every  person  who  shall,  within  the  limits  of  the  city, 
sell  to  any  other  person  by  false  weight  or  measure,  or  sell  or  expose 
to  sale  as  having  been  correctly  weighed  or  measured,  any  such 
article  as  being  of  a  certain  weight  or  measure,  when  in  truth  and 
fact  it  falls  short  in  weight  or  measure,  shall  pay,  for  the  use  of  the 
city,  a  sum  not  less  than  three  dollars,  nor  more  than  twenty-five 
dollars  for  each  and  every  offense. 

GAMING  HOUSES  AND  GAMBLERS. 

Sec.  258.  If  any  person  or  persons  shall  by  himself,  themselves 
or  agent,  keep,  have,  maintain  or  support  a  common  gaming  house, 
table  or  room  within  the  city  limits,  or  if  any  person  or  persons  by 
themselves  or  agents  shall  procure  or  permit  any  person  or  persons 
to  frequent  or  come  together  at  any  time  to  play  for  money  or 
other  thing  of  value,  or  thing  representing  or  intended  to  represent 
money  or  other  valuable  thing,  in  any  place  occupied  by  such  person 
or  persons ;  or  if  any  person  or  persons  shall  play  for  money  or 
other  valuable  thing,  or  for  anything  representing  money,  or  other 
thing  of  value,  at  any  game  with  cards,  dice,  checks,  billiards,  or 
with  any  other  article,  instrument,  or  means  whatsoever,  which 
may  be  used  for  the  purpose  of  playing  or  betting  upon,  or  by  which 
money  or  other  valuable  thing  may  be  won  or  lost,  or  if  any  person 
or  persons  shall  have  in  his,  her  or  their  possession  any  gaming 
implement,  or  implements,  for  the  purpose  of  gaming  therewith 
within  the  limits  of  the  city  of  Cairo,  every  person  so  offending 
shall  forfeit  and  pay  for  the  use  of  said  city,  a  sum  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
offense. 


ORDINANCE. 


Ill 


Sec.  259.  If  any  person  shall  be  found  in  the  city  playing  at 
unlawful  games  as  an  occupation,  and  not  having  any  other  visible 
means  of  support,  such  person  shall  on  conviction  thereof,  forfeit 
and  pay  for  the  use  of  the  city  the  sum  of  fifty  dollars,  and  be  con- 
fiued  in  the  city  jail  and  be  fed  on  bread  and  water  only,  for  any 
term  of  time  not  less  than  five  nor  more  than  thirty  days,  accor¬ 
ding  to  the  nature  and  aggravation  of  the  offense. 

FALSE  ALARMS. 

Sec.  260.  Any  person  who  shall  willfully  give  or  make  a  false 
alarm  of  fire  or  watch,  tending  in  either  case  to  the  collection  of 
persons  on  the  streets,  sidewalks,  or  other  public  places,  to  the 
obstruction  of  the  same,  for  any  purposes  whatsoever,  shall  be 
subject  to  a  fine  not  exceeding  twenty-five  dollars. 

GUNPOWDER. 

Sec.  261.  Any  person  or  persons,  corporation  or  body  politic, 
who  shall  keep,  have,  possess  or  store  at  or  in  any  place  within  the 
limits  of  the  city,  at  any  time,  more  than  twenty-five  pounds  of 
gunpowder;  every  person  having  charge  of  any  vehicle  on  which 
is  more  than  twenty-five  pounds  of  gunpowder,  who  shall  suffer  or 
allow  such  vehicle  with  gunpowder  thereon  to  be  and  remain  within 
the  limits  of  the  city  for  more  than  one  hour ;  every  person  having 
charge  of  more  than  twenty-five  pounds  of  gunpowder,  who  shall 
suffer  or  allow  it  to  remain  on  any  street,  avenue,  or  sidewalk  of 
said  city  for  more  than  thirty  minutes;  and  every  person  having 
charge  or  control  of  any  steamboat,  ferryboat,  barge,  flat-boat,  or 
vessel,  to  be  and  remain  within  the  limits  of  the  city  of  Cairo  for 
more  than  one  hour ;  any  such  person  violating  any  of  the  pro¬ 
visions  of  this  section  shall  forfeit  and  pay,  for  the  use  of  the  city,  a 
sum  of  not  less  than  ten  nor  more  than  one  hundred  dollars,  for 
each  and  every  offense. 

Sec.  262.  Every  steamboat,  ferryboat,  barge,  flat-boat,  or  vessel, 
having  on  it  more  than  twenty-five  pounds  of  gunpowder,  which 
shall  be  and  remain  within  the  limits  of  the  city  of  Cairo  for  more 
than  one  hour,  shall  be  and  is  hereby  considered,  adjudged  and 
declared  to  be  a  public  nuisance,  and  as  such  the  city  marshal,  or 


112 


ORDINANCE. 


any  police  constable,  is  hereby  authorized,  empowered  and  required 
to  remove  the  same  out  of  and  beyond  the  corporate  limits  of  said 
city  of  Cairo. 

Sec.  263.  If  the  city  marshal  or  any  police  constable  shall 
have  reason  to  believe,  or  is  informed,  that  gunpowder  in  larger 
quantities  than  is  allowed  by  this  chapter  is  kept,  stored  or  contained 
in  any  place  or  on  any  steamboat,  ferryboat,  barge,  flat-boat  or 
vessel,  it  shall  be  his  duty  to  make  an  examination  of  such  place 
or  vessel,  and  if  any  person  or  persons  shall  hinder,  obstruct  or 
delay,  or  attempt  to  hinder,  obstruct  or  delay  him  in  the  execution 
of  any  of  his  duties  under  this  chapter,  or  shall  offer  any  resist¬ 
ance  to  the  city  marshal  or  police  constable  by  threats  of  violence 
or  otherwise,  while  engaged  in  the  execution  of  his  duties  under 
this  chapter,  he  or  they  shall  forfeit  and  pay  to  the  city  of  Cairo, 
a  sum  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars. 

> 

Sec.  264.  If  the  city  marshal  or  police  constable,  upon  the 
same  being  brought  to  his  notice,  shall  refuse  or  neglect  to  perform 
the  duties  required  of  him  by  this  chapter,  he  shall  forfeit  and  pay 
to  said  city  of  Cairo,  a  sum  not  less  than  ten  dollars  nor  more  than 
three  hundred  dollars,  for  each  and  every  such  refusal  or  neglect. 

Sec.  265.  It  shall  be  the  duty  of  every  person  or  copartnership 
of  persons,  or  body  corporate,  keeping  or  having  gunpowder  for 
sale,  or  store  within  the  city  limits,  to  cause  to  be  placed  in  front 
of  his  or  their  place  of  business,  a  sign,  with  the  word 
“  gunpowder”  plainly  printed  or  painted  thereon ;  and  every 
person,  copartnership  of  persons,  or  body  corporate,  who  shall 
violate  the  provisions  of  this  section,  shall  forfeit  and  pay  a  sum 
not  less  than  fifty  dollars  and  not  more  than  one  hundred  dollars, 
for  each  and  every  offense. 

HITCHING  POSTS,  ETC. 

Sec.  266.  It  shall  be  lawful  for  persons  in  said  city  to  place 
hitching  posts  on  the  streets  except  Levee  street,  in  front  of  their 
stores  or  houses,  at  the  outer  edge  of  the  sidewalk,  and  at  no  other 
place  :  Provided ,  that  no  other  kind  or  description  of  posts, 


ORDINANCE. 


113 


pillars,  rails  or  uprights,  except  telegraph  poles,  such  awning  posts 
and  such  lamp  posts  as  may  be  authorized,  shall  be  placed  or 
suffered  to  remain  on  any  sidewalk,  street  or  avenue  in  the  city ; 
and  every  person  violating  any  of  the  provisions  of  this  section 
shall  forfeit  and  pay  to  the  city  a  sum  not  less  than  five  nor  more 
than  fifty  dollars  for  every  offense,  and  the  further  sum  of  ten 
dollars  for  every  day  he,  or  she,  or  they  shall  persist  in  such  viola¬ 
tion  after  the  first  conviction. 

Sec.  267.  It  shall  not  he  lawful  for  any  person  in  the  city  to 
leave  standing  unfastened  any  horse,  mule,  or  other  animal,  or  any 
team  of  either  in  harness  or  attached  to  any  wagon,  carriage,  dray, 
cart,  or  other  vehicle,  so  that  the  same  may  be  liable  to  run  away ; 
nor  shall  any  person  cause,  suffer  or  permit  any  horse,  mule,  ox, 
bull  or  jack  to  run  at  large  or  pass  through  any  street  or  avenue 
without  a  suitable  driver ;  and  every  person  violating  the  provisions 
of  this  section  shall  forfeit  and  pay  to  the  city  not  less  than  five 
dollars  nor  more  than  fifty  dollars,  for  each  and  every  offense. 

INDECENT  CONDUCT  AND  FAST  DRIVING. 

Sec.  268.  No  person  shall  make  or  cause  to  be  made,  within 
the  limits  of  the  city,  any  indecent  exhibition  of  himself  or  herself, 
of  any  horse  or  animal,  or  shall,  within  the  said  limits,  immoder¬ 
ately  drive  or  ride,  or  cause  to  be  so  rode  or  driven,  any  horse  or 
other  animal,  unless  in  case  of  urgent  necessity ;  and  every  person 
so  offending  shall  forfeit  and  pay,  for  the  use  of  the  city,  a  sum  not 
less  than  five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

MEETING  OF  VEHICLES. 

Sec.  269.  In  all  cases  of  persons  meeting  each  other  in  vehicles 
in  any  planked  or  paved  highway  or  thoroughfare,  or  upon  or  near 
any  bridge,  each  person  so  meeting  shall  in  all  cases  turn  off  and 
go  to  the  right  side.  Whoever  shall  violate  this  section  shall  be 
subject  to  a  fine  of  not  less  than  two  dollars  nor  exceeding  fifty 
dollars. 

POISON. 

Sec.  270.  No  person  shall  vend,  give  or  deliver,  within  the 
city,  any  deadly  poison,  knowing  the  same  to  be  such,  without 
15 


114 


ORDINANCE. 


marking  the  same,  in  legible  characters,  “  poison/’  under  a  penalty 
of  five  dollars  for  each  offense. 

RAILROADS. 

■»» 

Sec.  271.  No  railroad  company  or  conductor,  engineer,  or 
other  employe  of  any  railroad  company,  or  other  person  managing 
or  controlling  any  locomotive  engine,  car  or  train,  upon  any  railroad 
track,  shall,  in  the  inhabited  part  of  the  city  below  Twentieth 
street,  run,  or  cause,  or  suffer  or  permit  to  run,  any  such  locomotive 
engine,  car  or  train,  under  his  or  their  charge  or  control,  upon  any 
such  railroad  track,  at  a  speed  exceeding  six  miles  per  hour. 

Sec.  272.  No  railroad  company,  or  employe  of  any  railroad 
company,  or  other  person,  shall  leave  or  place,  or  cause,  or  suffer, 
or  permit  to  be  left  or  placed,  any  locomotive  engine,  car  or  train, 
upon  any  railroad  track  at  the  crossing  of  any  traveled  street  inter¬ 
secting  such  railroad  track,  so  as  to  obstruct  the  free  passage  way 
along  said  street. 

Sec.  273.  Every  person  offending  against  the  provisions  of  this 
and  the  preceding  section,  shall  forfeit  and  pay  to  the  city  of  Cairo, 
a  sum  not  less  than  twenty-five  dollars  nor  more  than  fifty  dollars, 
for  each  and  every  offense. 

Sec.  274.  No  railroad  company  or  employe  of  any  railroad 
company,  or  other  person,  shall  lay  down,  constructor  operate  more 
than  a  double  line  of  rail  on  any  portion  of  Levee  street ;  and  every 
railroad  company,  employe  of  any  railroad  company  or  other  person, 
who  shall  put  or  place,  or  cause  to  be  put  or  placed,  or  who  shall 
run  or  cause  to  be  run  on  or  over  any  third  track  upon  said  Levee 
street,  any  locomotive  engine,  cars  or  train,  or  who  shall  otherwise 
violate  the  provisions  of  this  section,  shall  forfeit  and  pay  to  the 
said  city  of  Cairo,  a  sum  not  less  than  twenty-five  dollars  nor  more 
than  fifty  dollars  for  each  and  every  offense. 

Sec.  275.  No  railroad  company  or  employe  of  any  railroad 
company,  or  other  person,  shall  run  or  cause  or  suffer  or  permit  to 
be  run,  forward  or  backward,  any  locomotive  engine,  railroad  car, 
or  train  on  any  railroad  track  in  said  city,  without  having  in  the 
night-time  a  brilliant  and  conspicuous  light,  and  in  the  day-time  a 


ORDINANCE. 


115 


watchman  on  the  advancing  end  of  such  locomotive,  engine,  car  or 
train. 

Sec.  276.  It  shall  not  be  lawful  for  any  person  to  run  or  cause 
to  be  run  any  locomotive  in  said  city  of  Cairo,  without  having  placed 
upon  the  top  of  the  chimney  thereof  a  bonnet  or  spark  catcher 
sufficient  to  prevent  all  accidents  by  fire  from  the  sparks  of  such 
locomotive ;  nor  shall  it  be  lawful  for  any  person  to  run  or  cause  to 
be  run  in  said  city  any  locomotive  having  the  fire  pan  of  the  same 
down  when  so  running. 

Sec.  277.  The  bell  of  each  locommotive  engine  shall,  immedi¬ 
ately  on  entering  within  the  limits  of  said  city  of  Cairo,  be  rung 
until  such  locomotive  shall  reach  its  destination  in  said  city  •  and 
the  bell  of  each  locomotive  departing  from  the  city  shall  be  rung 
immediately  on  leaving  the  depot  or  starting  point,  and  continue  to 
be  rung  until  the  said  locomotive  passes  beyond  the  limits  of  said 
city ;  and  any  and  every  railroad  company,  conductor,  engineer,  or 
other  agent  or  employe  of  any  railroad  company,  and  every  other 
person,  who  shall  violate  or  fail  to  observe  the  provisions  of  the 
above  sections  shall  forfeit  and  pay  to  the  said  city  of  Cairo  a  sum 
not  less  than  twenty-five  dollars  nor  more  than  fifty  dollars  for  each 
and  every  offense. 


SCAFFOLDS. 

Sec.  278.  All  scaffolds  erected  in  this  city  for  use  in  erection 
of  stone,  brick,  or  other  buildings,  shall  be  well  and  safely  sup¬ 
ported,  and  of  sufficient  width  and  properly  secured  so  as  to  insure 
the  safety  of  persons  working  thereon,  or  passing  under  or  by  the 
same,  against  the  falling  thereof,  or  of  such  materials  as  may  be 
used,  placed  or  deposited  thereon.  Any  scaffold  which  may  be 
otherwise  erected  shall  be  deemed  a  nuisance ;  and  any  person  who 
shall  erect  or  use,  or  cause  to  be  erected  or  used,  any  scaffold 
contrary  to  the  provisions  hereof,  shall  be  subject  to  a  fine  of  not 
less  than  five  dollars  and  not  exceeding  one  hundred  dollars,  and  to 
a  like  fine  for  every  day  the  same  shall  remain  after  notice  to 


remove. 


116 


ORDINANCE. 


SELLING  GOODS  ON  SUNDAY. 

Sec.  279.  Every  person  within  the  limits  of  the  city,  who  shall 
sell  or  offer  to  sell  or  barter  any  goods,  wares  or  merchandise  or 
other  article  after  nine  o’clock  in  the  morning,  on  the  Sabbath  day, 
unless  it  he  provisions  to  eat,  refreshments  for  travelers  or  medi¬ 
cines  for  the  sick,  shall  forfeit  and  pay  for  the  use  of  the  city,  a 
sum  not  less  than  five  dollars  and  not  more  than  twenty-five  dollars 
for  each  offense. 

SELLING  DISEASED  AND  UNWHOLESOME  MEAT. 

Sec.  280.  Every  person,  who  shall  sell  within  the  limits  of  the 
city,  any  dead  flesh  which  was  sick,  overheated,  or  worn  or  run 
down  by  dogs,  at  or  before  the  time  when  the  same  was  butchered 
or  slain,  or  which  has  died  a  natural  death,  out  of  the  usual  manner 
of  slaying  animals  for  food,  or  has  been  killed  by  accident  or  casu¬ 
alty,  or  which  is  blown,  stuffed  or  in  any  way  unsound,  or  shall 
sell  or  offer  to  sell  any  unsound  fish,  eggs,  butter,  lard,  or  other 
damaged  article  of  provision,  shall  forfeit  and  pay  for  the  use  of 
the  city,  a  sum  not  less  than  five  dollars  and  not  more  than  fifty 
dollars,  for  each  and  every  offense  :  Provided ,  that  the  sale  or  offer 
to  sell  to  each  person  shall  constitute  a  separate  and  distinct  offense 
by  the  person  selling  or  offering  to  sell. 

Sec.  281.  Every  person  who  shall  within  the  limits  of  the  city, 
sell  or  offer  to  sell  the  flesh  of  any  bull,  hoar,  ram,  dog,  cat,  or  the 
flesh  of  any  animal  not  commonly  deemed  wholesome  or  fit  for  food, 
without  representing  to  every  person  wishing  to  purchase,  the 
nature  and  quality,  character  and  name  of  such  flesh,  shall  forfeit 
and  pay,  for  the  use  of  the  city,  a  sum  not  less  than  five  dollars, 
nor  more  than  fifty  dollars  for  each  and  every  offense, 

SHUTTING  UP  CERTAIN  HOUSES. 

Sec.  282.  Whenever  the  mayor  shall  deem  it  necessary1  for  the 
public  welfare,  that  any  public  house  where  intoxicating  liquors  are 
sold,  and  where  persons  of  either  sex  congregate,  make  or  cause  to 
he  made  any  unusual  noise  or  disturbance,  either  by  day  or  by 
night,  having  caused  or  likely  to  cause  a  breach  of  the  peace,  riot, 


ORDINANCE. 


117 


mob,  or  other  disturbance,  to  the  annoyance  of  the  neighborhood, 
it  shall  be  his  duty,  and  he  is  fully  empowered  and  directed  to  order 
the  closing  of  such  house  forthwith — the  same  to  be  kept  closed 
for  such  time  as  the  public  safety  demands,  to  be  determined  by  the 
mayor  and  common  council. 

Sec.  283.  Any  person  violating  the  previous  section,  being  the 
owner  or  keeper  of  such  a  house,  who  refuses  to  comply  with  the 
demands  of  the  mayor,  or  any  occupant  or  participant,  who  may 
oppose  the  officers  in  the  discharge  of  their  duties  in  arresting 
parties  for  violations  of  the  previous  section,  shall  forfeit  and  pay 
for  the  use  of  the  city,  in  the  former  case  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars ;  and  in  the  latter  case  not  less 
than  twenty  nor  more  than  fifty  dollars. 

TREES. 

Sec.  284.  All  trees  placed  in  any  street  or  avenue  in  the  city 
shall  be  set  at  a  distance  not  exceeding  one  foot  outside  of  the  outer 
line  of  the  sidewalks,  and  all  such  trees  shall  be  placed  at  least 
twelve  feet  apart ;  and  any  person  violating  the  provisions  of  this 
section  shall  forfeit  and  pay  to  the  city  not  less  than  five  dollars  nor 
more  than  fifty  dollars. 

VAGABONDS. 

Sec.  285.  All  able-bodied  persons,  who,  not  having  visible 
means  to  sustain  themselves,  are  idle,  without  employment,  or  are 
found  loitering  or  rambling  about,  or  wandering  about,  or  lodging 
in  groceries,  drinking  saloons,  tippling  houses,  beer  houses,  out 
houses,  houses  of  ill-fame,  vessels,  sheds  or  caves,  or  in  the  open 
air,  or  shall  be  found  trespassing  in  the  night-time  upon  the  private 
premises  of  others ;  or  wandering  abroad  and  begging ;  or  going 
about  from  door  to  door  begging;  or  placing  themselves  in  the 
streets  or  other  thoroughfares,  or  in  public  places,  to  beg  or  receive 
alms ;  and  all  persons,  who,  for  the  purpose  of  watch  stuffing, 
travel  about  or  go  from  place  to  place ;  and  all  persons  upon  whom 
shall  be  found  any  instrument  or  thing  used  for  counterfeiting,  or 
for  the  commission  of  burglary,  larceny,  or  for  picking  locks  or 
pockets;  or  any  galvanized  watches  or  stuffed  watches,  or  anything 


118 


ORDINANCE. 


used  for  obtaining  money  under  false  pretenses  ;  or  any  Mexican 
puzzle  or  other  implement  or  device  used  by  cheats  and  swindlers, 
shall  forfeit  and  pay,  for  the  use  of  the  city,  a  sum  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars,  or  be  imprisoned  in 
the  city  jail  for  a  term  not  exceeding  three  months. 

Sec.  286.  Any  person  or  persons  found  within  the  city  limits 
loitering  about  common  ordinaries,  bar-rooms,  houses  of  ill-fame,  or 
wandering  about  the  streets,  either  by  night  or  by  day,  and  not 
having  any  place  of  known  residence  or  any  visible  means  of  live¬ 
lihood  and  support,  and  not  being  able  to  give  any  satisfactory 
account  of  themselves,  such  person  or  persons,  on  conviction  thereof, 
shall  forfeit  and  pay,  for  the  use  of  the  city,  any  sum  not  to  exceed 
twenty-five  dollars,  and  be  confined  in  the  city  jail,  and  fed  on 
bread  and  water  only,  for  any  period  of  time  not  exceeding  twenty 
days,  nor  less  than  twenty-four  hours. 

Sec.  287.  If  any  person  shall  attempt  to  pick  pockets,  or  set 
fire  to  any  building,  or  be  found  in  the  yard  or  out-house  of  any 
citizen,  with  intent  to  rob  and  plunder,  or  shall  have  in  his  posses¬ 
sion  materials  for  housebreaking,  or  materials  for  setting  fire  to  any 
building,  or  have  upon  his  person  concealed  weapons,  he  shall,  on 
conviction  thereof,  forfeit  and  pay,  for  the  use  of  the  city,  a  sum 
not  to  exceed  fifty  dollars,  and  be  punished  by  imprisonment  in  the 
city  jail,  being  fed  on  bread  and  water  only,  for  a  space  of  time  not 
exceeding  ninety  days. 

VAULTS  AND  AREAS. 

Sec.  288.  It  shall  be  lawful  for  the  owners  of  lots  or  buildings 
in  the  city  to  use  and  occupy  such  portion  of  the  street  or  avenue 
under  the  side  walk  in  front  of  each  lot  as  they  may  deem  expe¬ 
dient,  for  the  purpose  of  constructing  vaults,  provided  the  outer 
line  of  said  vault  shall  not  extend  beyond  twelve  feet  from  the  front 
line  of  each  lot,  said  outer  line  not  being  beyond  the  outer  line  of 
said  side  walk,  and  provided  also  that  said  vaults  shall  be  con¬ 
structed  under  the  direction  of  the  city  engineer,  with  substantial 
walls  of  stone,  brick,  wood  or  other  materials,  in  such  manner  as 
effectually  to  resist  the  pressure  of  the  ground  on  each  side  of  it, 
and  be  covered  over  in  such  manner  as  not  to  interfere  with  the 


ORDINANCE. 


119 


grade  of  the  side  walk,  and  furnish  a  safe,  convenient  and  substan¬ 
tial  passage  way  across  and  over  it. 

Sec.  289.  It  shall  be  lawful  for  the  owner  of  lots  or  buildings 
in  said  city,  to  use  and  occupy  portions  of  streets  and  avenues  in 
front  of  each  lot,  for  entrances  to  buildings  and  areas  or  entrances 
to  basements,  to  the  following  extent,  viz. :  On  streets  and  avenues 
which  are  one  hundred  feet  in  width,  they  shall  be  permitted  to 
use  and  occupy  four  feet  of  the  street,  excepting  on  Levee  street, 
where  they  shall  be  permitted  so  to  use  and  occupy  seven  feet  of 
the  street,  provided  that  all  areas  or  entrances  to  basement  shall  be 
protected  by  substantial  and  safe  grating  or  railing. 

Sec.  290.  Every  person  who  shall  construct  any  vault  he  may 
wish  to  build  in  any  other  manner  than  herein  provided  for,  or  shall 
fail  to  protect  any  area  or  entrance  to  a  basement  as  herein  required, 
shall  forfeit  and  pay  to  the  city  a  sum  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars  for  each  and  every  offense,  and  in 
addition  thereto,  ten  dollars  for  each  and  every  day  after  conviction 
under  this  chapter  he  shall  fail  or  neglect  so  to  construct  his  vault 
or  protect  his  area  as  is  herein  required. 

WELLS. 

/ 

Sec.  291.  It  shall  not  be  lawful  for  any  person  to  dig  or  sink 
any  well  within  the  city  limits  without  first  registering  the  position 
of  the  same  in  the  city  clerk’s  office.  All  wells  must  be  curbed 
from  the  bottom  up  to  the  regular  established  grade  of  the  city, 
and  from  the  top  of  said  curb  to  five  feet  beneath  the  natural  sur¬ 
face  of  the  ground  be  laid  with  cement — in  all  cases  the  work  to 
be  done  under  the  supervision  of  the  city  engineer. 

WEARING  BADGES  OF  POLICE,  ETC. 

Sec.  292.  It  shall  not  be  lawful  for  any  person  not  duly  elected 
or  appointed  by  the  mayor  or  city  council  a  police  constable  of 
the  city  to  wear  the  badge  of  the  city  police,  and  any  person 
offending  against  the  provision  of  this  section  shall  forfeit  and  pay 
for  the  use  of  the  city  a  sum  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars  for  each  and  every  offense. 


120 


ORDINANCE. 


Sec.  293.  It  shall  not  be  lawful  for  either  sex  to  dress  in  the 
garments  of  the  other  sex  •  and  any  person  or  persons  violating  the 
foregoing  provision  shall,  on  conviction  thereof,  forfeit  and  pay  for 
the  use  of  the  city,  a  sum  of  not  less  than  five  dollars  nor  more 

A 

than  ten  dollars,  for  each  and  every  offense. 

WHISTLING  OE  STEAMBOATS,  ETC. 

Sec.  294.  It  shall  not  be  lawful  for  any  steamboat,  or  any 
captain  or  employe  of  any  steamboat,  or  any  water  craft  of  any 
description,  lying  at  the  port  of  Cairo,  to  cause  or  have  the  whistle 
of  said  water  craft  blown  or  whistled.  Any  steamboat,  person’ 
employe,  owner  or  captain  of  any  water  craft,  offending  against  the 
provisions  of  this  section  shall,  on  conviction  before  a  police  magis¬ 
trate,  forfeit  and  pay  to  city  for  its  use  and  benefit,  a  sum  not  less 
than  ten  dollars  nor  more  than  fifty  dollars,  for  each  and  every 
offense. 


CHAPTER  XIII. 

PRESERVATION  OF  PUBLIC  HEALTH. 


Section — 

295.  Landing  persons  infected  with  the 

small  pox,  etc.,  without  permit  so 
to  do ;  what  penalty  for. 

296.  Examination  of  boats  to  he  made ; 

how ;  where  ;  when ;  fine. 

297.  Concealing  the  fact  of  contagious 

diseases  being  on  board ;  what  fine 
for. 

298.  Persons  with  small  pox,  etc.,  to  re¬ 

main  in  their  dwellings  ;  penalty. 


Section — 

299.  Character  of  the  disease  to  be  posted 

up  near  the  place,  etc.,  by  city 
marshal  ;  penalty  for  neglect. 

300.  Board  of  Health,  how  constituted. 

301.  Proprietors  of  house  to  give  notice 

of  an  infectious  disease ;  how ;  to 
whom ;  what  fine. 

302.  Practising  Physicians  to  give  notice 

to  whom,  of  infectious  disease; 
and  where ;  penalty. 

303.  Hospital  may  be  established ;  when. 


Section  295.  If  any  owner,  master,  or  other  person,  having 
charge  or  command  of  any  steamboat,  ferryboat,  or  other  water 
craft,  shall  land  or  bring  on  shore,  or  cause  or  suffer  to  be  landed  or 
brought  on  shore,  any  person  infected  with  the  small-pox,  yellow 
fever,  cholera,  ship  fever,  or  any  other  contagious,  infectious  or 
epidemic  disease,  within  ,five  miles  of  the  city  of  Cairo,  and  in  the 


ORDINANCE. 


121 


State  of  Illinois,  without  obtaining  a  license  to  do  so  from  the 
mayor  and  aldermen  of  the  city  of  Cairo,  he  or  they  shall  forfeit 
and  pay  a  fine  of  not  more  than  five  hundred  dollars  nor  less  than 
fifty  dollars,  to  be  sued  for  in  any  court  having  jurisdiction  thereof, 
for  the  use  of  the  said  city. 

Sec.  296.  If,  from  information  or  by  other  means,  either  the 
mayor  or  any  one  of  the  aldermen  of  the  said  city  of  Cairo  shall 
have  cause  to  suspect  that  any  steam  or  other  boat  is  about 
to  land  or  has  landed  within  the  limits  of  the  city,  or  within 
five  miles  thereof,  with  the  small-pox,  yellow  fever,  cholera, 
ship  fever,  or  any  other  contagious,  infectious  or  epidemic  disease 
on  board,  or  whose  passengers  or  crew  may  have  lately  been 
exposed  to  any  of  the  aforesaid  diseases,  it  shall  be  his  duty  to 
order  an  examination  by  some  respectable  physician,  and  if,  upon 
such  examination,  it  should  be  the  opinion  of  said  physician  that  it 
would  be  unsafe  for  the  inhabitants  of  said  city  of  Cairo  that  such 
boat  be  permitted  to  land  her  passengers,  crew,  or  cargo,  he  shall 
thereupon  cause  the  said  boat  to  remove  to  the  distance  of  at  least 
five  miles  from  the  city,  and  there  perform  quarantine  before  landing 
within  the  limits  of  the  city  of  Cairo,  for  any  number  of  days  not 
exceeding  thirty,  as  in  the  opinion  of  the  physician  shall  be  deemed 
necessary.  And  if  any  master  or  person  having  charge  of  such 
boat  shall  fail  or  refuse  to  remove  it  as  herein  directed,  he  shall 
forfeit  and  pay  a  fine  of  not  more  than  five  hundred  dollars  nor  less 
than  fifty  dollars,  to  be  sued  for  in  any  court  having  jurisdiction 
thereof,  for  the  use  of  said  city,  and  the  action  to  be  brought 
against  the  said  master,  owner,  or  boat. 

Sec.  297.  If  any  master  or  other  person,  having  command  of 
any  boat  as  aforesaid,  at  the  time  of  inquiry  by  such  physician,  shall 
have  on  board  any  person  infected  as  aforesaid,  and  shall  knowingly 
and  willfully  conceal  the  same,  or  shall  not  make  a  true  and  just 
discovery  to  the  physician  of  the  sickly  and  disordered  state  of  all 
and  every  person  on  board,  from  the  time  said  boat  departed  from 
the  port  or  place  whence  she  came,  to  the  time  of  said  inquiry,  and 
of  all  other  particulars  necessary  for  said  physician  to  know 
respecting  the  premises,  such  master  or  person  having  command  of 
16 


122 


ORDINANCE. 


such  boat  shall  forfeit  and  pay  a  fine  of  not  more  than  five  hundred 
dollars  nor  less  than  twenty-five  dollars  for  each  and  every  such 
offense,  to  he  sued  for  in  any  court  having  jurisdiction  thereof,  for 
the  use  of  said  city,  and  in  an  action  against  the  master,  owner,  or 
boat. 

Sec.  298.  All  persons  in  the  vicinity  of  Cairo  having  the  small¬ 
pox,  varioloid,  or  other  contagious  or  infectious  disease,  are  hereby 
required  to  keep  closely  confined  in  their  respective  dwellings  or 
places  of  abode ;  and  if  any  person  shall  leave  his  or  her  dwelling 
or  place  of  abode,  and  be  found  going  around  the  city  after  the 
small-pox  or  varioloid  eruption  has  made  its  appearance  upon  him 
or  her,  he  or  she  shall  forfeit  and  pay  to  the  city  a  sum  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars. 

Sec.  299.  The  city  marshal,  upon  due  information  of  any  such 
infectious  or  contagious  disease  existing,  shall  cause  suitable  notices, 
with  the  character  of  the  disease  printed  or  written  in  large  letters 
thereon,  to  be  posted  up  in  two  conspicuous  places,  near  the  build¬ 
ing  or  place  in  which  such  contagious  or  infectious  disease  exists, 
and  have  such  notices  kept  up  during  the  prevalence  of  such 
disease ;  and  for  failing  to  comply  with  the  requirements  of  this 
section,  he  shall  be  liable  to  pay  a  fine  of  not  exceeding  one  hundred 
dollars  nor  less  than  ten  dollars. 

Sec.  800.  The  mayor  of  the  city,  in  connection  with  one  aider- 
man  from  each  ward,  shall  constitute  a  board  of  health,  which 
shall  exercise  a  general  supervision  over  the  public  health  of  the 
city,  and  shall  make,  from  time  to  time,  such  sanitary  regulations 
as  they  may  deem  expedient  and  necessary  to  promote  or  preserve 
the  same,  or  to  prevent  the  introduction  or  spreading  of  any  conta¬ 
gious,  malignant  or  pestilential  disease. 

Sec.  301.  It  shall  be  the  duty  of  the  proprietor  or  occupant  of 
any  house  in  which  the  small-pox  or  other  infectious  disease  shall 
make  its  appearance,  immediately  to  give  notice  to  the  mayor  or 
city  marshal  of  the  same ;  and  upon  a  failure  to  do  so,  he  shall  be 
liable  to  a  fine  of  not  less  than  twenty-five  nor  more  than  one 
hundred  dollars. 

Sec.  302.  Any  practising  physician  who  shall  have  any  patient 


ORDINANCE. 


123 


within  the  city  of  Cairo,  laboring  under  any  contagious,  infectious 
or  pestilential  disease,  shall  forthwith  make  report  thereof  to  the 
mayor  or  city  marshal,  describing  the  locality  of  the  patient,  so 
that  he  or  she  may  be  easily  found ;  and  upon  a  failure  so  to  do, 
said  physician  shall  be  liable  to  a  penalty  not  exceeding  twenty 
dollars. 

Sec.  303.  It  shall  be  lawful  for  the  board  of  health  to  establish 
a  hospital  for  contagious  and  infectious  diseases,  and  to  remove 
patients  thereto,  when  it  shall  be  necessary  in  their  opinion  to  the 
public  safety. 


CHAPTER  XIV. 

PUBLIC  WORKS. 


Section — 

304.  How  the  work  of  grading  shall  be 

done,  and  under  whose  supervi¬ 
sion;  what  shall  be  Board  of 
Public  Works,  to  keep  records,  etc. 

305.  When  to  be  appointed. 

306.  Within  what  time  after  appoint¬ 

ment  must  meet  to  organize. 

307.  Not  to  be  interested  in  any  con¬ 

tracts. 

308.  If  appointment  not  accepted  in 

twenty  days;  what. 

309.  What  are  the  duties  of  the  Board  of 

Public  Works ;  contracts  for  work 
are  to  be  made. 

310.  When  owner  may  plank,  fill,  etc., 

his  own  part  at  his  own  expense, 
before  his  own  property. 


Section — 

311.  After  contract  awarded,  to  be  sub 

mitted  to  City  Council ;  how  as¬ 
sessments  for  work  shall  be  made ; 
how  collections,  etc.,  etc. 

312.  The  general  provisions  of  chapter 

XV.  to  apply. 

313.  When  assessments  are  collected,  to 

be  divided  and  kept  separate  and 
applied  to  no  other  purpose ;  every 
assessment  to  be  numbered,  etc. 

314.  Board  of  Public  Works  to  decide 

whether  or  not  work  properly 
performed,  and  to  certify  the  same. 

315.  If  assessment  insufficient,  other 

assessment  to  be  called  for. 

316.  If  any  person  resist  any  Street 

Committee,  Board  of  Public 
Works,  etc.,  what  the  penalty. 


Section  304.  The  work  of  grading  and  filling  the  streets  and 
avenues  of  the  city  shall  be  done  under  the  direction  and  manage¬ 
ment  of  a  board  of  public  works.  This  board  shall  consist  of  five 
members,  all  of  whom  shall  be  owners  of  real  estate  in  the  city, 
and  a  majority  of  them  residents  of  the  city.  Said  board  shall 
have  charge,  superintendence  and  management  of  the  grading  and 
filling  up  of  the  streets  and  avenues  of  the  city,  provided  that  the 


124 


ORDINANCE. 


city  council  shall  at  all  times  direct  upon  what  streets  and  avenues 
the  grading  and  improving  shall  be  done,  and  shall  be,  and  are 
hereby  authorized  to  make  such  contract,  to  employ  and  discharge 
from  time  to  time  such  superintendents,  workmen  and  teams  as 
they  may  deem  necessary,  and  pay  the  persons  employed  such  sala¬ 
ries  and  wages  as  they  shall  deem  proper.  Three  of  said  board 
shall  constitute  a  quorum  to  do  business,  and  the  acts  of  a  majority 
of  those  present  shall  be  binding  upon  the  whole.  They  shall  keep 
a  record  of  their  acts  and  doings;  shall  keep  and  preserve  copies 
of  all  contracts,  receipts,  estimates,  plans,  etc.,  and  shall  report 
their  acts  and  doings  in  detail  to  the  city  council  at  every  monthly 
meeting  of  the  board. 

Sec.  305.  On  the  first  Monday  in  April  in  each  year,  or  at  the 
first  general  or  special  meeting  of  the  city  council  thereafter,  there 
shall  be  appointed  members  of  the  board  of  public  works  to  succeed 
those  whose  terms  of  office  will  then  expire ;  and  such  appoint¬ 
ments  shall  be  for  two  years  each.  Should  a  vacancy  occur,  it  shall 
be  filled  at  any  general  or  special  meeting  of  the  city  council,  and 
the  member  appointed  shall  hold  his  office  for  the  unexpired  term. 
The  mayor  shall  be  ex  officio  a  member,  and  the  city  clerk  shall  be 
secretary  of  the  board  of  public  works. 

Sec.  306.  Within  ten  days  after  the  appointment  of  the  new 
members  of  said  board,  and  notice  of  their  appointment  shall  have 
been  given  to  them  by  the  city  clerk,  the  members  of  said  board  of 
public  works  shall  proceed  to  organize  by  appointing  a  president. 

Sec.  307.  No  member  of  the  board  of  public  works,  nor  any 
person  in  the  employ  thereof,  shall  be  interested,  directly  or  indi¬ 
rectly,  in  any  contract  made  and  entered  into  with  said  board;  and 
any  contract  in  which  any  member  or  officer  of  said  board  shall  be 
interested,  shall  be  void  and  of  no  effect. 

Sec.  308.  If  the  appointments  as  members  of  the  board  of 
public  works  are  not  accepted  within  twenty  days  after  the  publi¬ 
cation  of  the  proceedings  of  the  city  council  by  which  the 
appointments  were  made,  they  shall  be  considered  as  not  accepted, 
and  the  council  shall  fill  the  vacancies  at  their  next  meeting  by  new 
appointments. 


ORDINANCE. 


125 


Sec.  309.  Whenever  the  city  council  of  the  city  of  Cairo  shall, 
by  resolutions  or  ordinance,  direct  and  authorize  the  filling,  grading, 
paving  or  planking,  or  re-filling,  re-grading,  re-paving,  re-planking 
or  repairing  any  street  or  avenue,  or  any  portion  of  any  street  or 
avenue,  (the  construction  of  sidewalks,  crosswalks  and  footwalks 
being  excepted,)  it  shall  be  the  duty  of  the  board  of  public  works 
to  cause  a  survey,  plat  or  profile,  and  specification  and  estimates  of 
the  contemplated  work,  to  be  made  and  deposited  with  their  secre¬ 
tary.  When  so  deposited,  the  secretary  of  the  board  of  public 
works  shall  give  notice  for  twenty  days  in  the  newspaper  publishing 
the  ordinances  of  the  city  or  by  posting  up  notices  in  four  public 
places  of  the  city,  two  of  which  shall  be  contiguous  to  the  contem¬ 
plated  work,  that  such  profiles,  specifications  or  estimates  are 
deposited  in  his  office  and  are  open  for  inspection  and  examination, 
and  shall  at  the  same  time  and  in  the  same  manner  and  for  the 
same  length  of  time  advertise  for  proposals  for  doing  said  work. 
The  bids  for  the  doing  of  such  work  shall  be  sealed  bids  directed 
to  the  board  of  public  works  of  the  city  of  Cairo,  and  shall  be 
opened  at  the  hour  and  place  mentioned  in  said  notice,  by  said 
board  of  public  works.  When  the  bids  for  doing  the  proposed  work 
shall  have  been  opened,  the  contract  for  doing  the  same  shall  be 
awarded  to  the  lowest  responsible  bidder  or  bidders,  who  will 
sufficiently  guarantee,  to  the  satisfaction  of  said  board,  the  perform¬ 
ance  of  said  work,  under  the  superintendence  of  said  board,  within 
such  time  as  may  be  fixed  by  contract. 

Sec.  310.  The  owner  or  owners  of  any  lot  or  lots  fronting  or 
abutting  on  any  street,  or  avenue,  or  portion  of  any  street  or  avenue, 
ordered  by  the  city  council  to  be  filled,  graded,  paved  or  planked, 
shall  have  the  right  to  do  the  said  work  of  filling,  grading,  paving 
or  planking  in  front  of  his,  her  or  their  own  lot  or  lots,  and  receive  a 
proportionate  credit  therefor,  provided  said  work  is  done  within  the 
time  fixed  by  the  city  council  for  doing  the  same,  notice  of  said 
time  to  be  given  by  publication  in  the  newspaper  publishing  the 
ordinances  of  the  city. 

Sec.  311.  At  the  first  general  or  special  meeting  of  the  city 
council  after  the  contract  or  contracts  for  the  performance  of  any 


126 


ORDINANCE. 


filling,  grading,  paving,  planking  or  repairing  has  been  awarded, 
copies  of  such  contracts  shall  he  submitted  to  said  council,  together 
with  the  plans,  profiles,  specifications  and  estimates  of  the  work  to 
be  done,  and  thereupon  an  order  shall  be  made  assessing  and 
levying  the  whole  amount  provided  by  said  contracts  to  be  paid  for 
the  work  provided  for  therein,  as  also  the  costs  of  making  the 
surveys,  profiles  and  estimates,  upon  the  whole  number  of  lots 
bounding,  abutting  or  fronting  on  the  street  or  avenue  or  portion 
of  street  or  avenue  on  which  said  work  is  contracted  to  be  done,  an 
equal  share  upon  each  lot  fronting  on  said  work.  An  order  shall 
also  be  made  authorizing  and  directing  the  collection  in  monthly 
installments  of  twenty-five  per  cent,  each,  in  the  legal  currency  of 
the  United  States,  of  the  several  amounts  assessed  and  levied  as 
above  specified,  provided  that  the  first  installment  shall  be  due  and 
payable  within  sixty  days  after  the  delivery  of  the  warrant  for 
collection  to  the  assessor  and  collector,  and  each  subsequent  install¬ 
ment  shall  become  due  and  payable  in  thirty,  sixty,  and  ninety  days, 
respectively,  after  the  first  installment  becomes  due  and  payable, 
and  it  shall  be  the  duty  of  the  city  clerk  to  make  out  without  delay 
and  deliver  to  the  assessor  and  collector  copies  of  said  orders  of 
assessment  and  collection,  which  copies  certified  to  by  the  city  clerk 
under  his  seal  of  office,  and  countersigned  by  the  mayor,  shall  be 
the  assessor’s  and  collector’s  warrant  for  collection  of  said  special 
assessment.  When  said  warrant  shall  have  been  received  by  the 
assessor  and  collector  it  shall  be  his  duty  to  give  twenty  days’  notice, 
by  publication  in  the  newspaper  publishing  the  ordinances  of  the 
city,  that  he  has  received  such  warrant,  describing  the  same  by 
number  and  date,  the  property  assessed,  the  amounts  assessed  upon 
and  to  be  collected  from  each  lot,  and  the  purpose  for  which  col¬ 
lected,  and  the  day  upon  which  the  amounts  severally  become  due 
and  payable. 

Sec.  312.  Except  as  herein  provided,  the  payment  and  collec¬ 
tion  of  all  assessments  under  this  ordinance  shall  be  enforced  and 
made  in  the  same  manner  as  is  now  provided  in  Chapter  XV., 
entitled  “  Revenue,”  of  this  ordinance,  and  by  the  laws  of  the 
State  for  the  collection  of  taxes. 


ORDINANCE. 


127 


Sec.  313.  When  the  assessments  provided  for  by  ordinance 
shall  have  been  collected,  they  shall  be  held  by  the  city  treasurer 
as  a  special  fund  to  be  applied  to  the  payment  of  the  costs  and 
expenses  of  the  work,  and  orders  drawn  on  the  city  treasurer,  in 
payment  of  said  work,  shall  specify  the  fund  from  which  they  are 
to  be  paid,  and  said  fund  shall  be  used  for  no  other  purpose  what¬ 
ever  than  for  the  payment  of  such  work.  To  effect  this  object, 
every  assessment  under  this  ordinance  shall  be  numbered  consecu¬ 
tively  in  the  order  in  which  they  shall  he  authorized  by  the  city 
council,  and  a  special  account  shall  be  kept  by  the  city  treasurer  of 
the  receipts  and  expenditures  for  each  assessment. 

Sec.  314.  In  all  contracts  entered  into  under  and  by  virtue  of 
this  chapter,  the  right  shall  be  reserved  to  the  board  of  public 
works  to  finally  decide  all  questions  arising  as  to  the  proper  perform¬ 
ance  of  said  work,  and  the  sufficiency  of  the  security  offered  for  its 
performance,  and  in  case  the  work  is  not  done  according  to  contract 
to  reject  the  same.  But  in  all  cases  where  the  contractor  or 
contractors  shall  properly  perform  and  complete  their  contracts  to 
the  satisfaction  of  the  board  of  public  works,  according  to  the  plans 
and  estimates  thereof,  the  said  board  shall  then  certify  the  same  to 
such  contractor  or  contractors,  giving  him  or  them  a  certificate  of 
the  proper  performance  thereof,  the  nature  and  amount  of  the  work 
done,  and  the  property  chargeable  therewith,  which  certificate  shall 
be  countersigned  by  the  mayor  and  entitle  the  holder  or  holders 
thereof  to  receive  the  amount  that  may  be  due  thereon  from  the 
assessment  collected  for  the  doing  of  such  work  or  making  of  such 
improvements. 

Sec.  315.  If  from  any  cause  the  assessments  or  any  of  them 
provided  for  by  this  chapter,  should  prove  insufficient  to  finish  the 
contemplated  work,  the  city  council  may  at  any  time  make  and 
collect  other  assessments  for  the  same  purpose,  in  the  manner  indi¬ 
cated  herein,  until  sufficient  funds  shall  have  been  realized  to  pay 
for  the  proposed  work.  If  from  any  cause,  too  large  a  sum  should 
be  at  any  time  raised,  the  excess  shall  be  refunded,  rateably,  to 
those  by  whom  it  was  paid. 

Sec  316.  If  any  person  or  persons  shall  resist,  oppose  or 


128 


ORDINANCE. 


obstruct  the  street  committee,  board  of  public  works,  or  any  or 
either  of  their  superintendents,  contractors,  engineers,  workmen  or 
assistants,  or  any  superintendent,  contractor,  engineer,  assistant, 
workman  or  officer,  acting  under  the  authority  of  the  city  council, 
the  street  committee  or  board  of  public  works,  in  the  prosecution 
of  any  work,  or  in  the  enforcement  of  any  of  the  ordinances  of  the 
city,  he,  she  or  they  shall  forfeit  and  pay  to  said  city  a  sum  not 
less  than  fifty  dollars  nor  more  than  one  hundred  dollars,  for  each 
and  every  offense. 


CHAPTER  XV. 

REVENUE. 


Section — 

317.  When  assessment  shall  be  made. 

318.  Assessor  may  demand  list  of  prop¬ 

erty;  when. 

319.  If  any  person  refuse  to  list  property. 

320.  If  owner  be  unknown,  what. 

321.  If  property  be  found  not  assessed 

in  any  previous  year. 

322.  When  return  of  assessment  shall 

be  made. 

323.  When  assessment  list  delivered ; 

meeting  to  correct  errors,  etc. 

324.  Duty  of  Assessor  and  Collector  to 

attend  such  meeting. 

325.  Persons  aggrieved  may  complain. 

326.  City  Council  to  determine  matters 

in  summary  manner. 

327.  When  assessment  list  corrected; 

what  shall  he  done. 

328.  What  City  Clerk  shall  do ;  how  to 

carry  out  tax  list. 

329.  When  Assessor  and  Collector  to  pay 

over  moneys  collected. 

330.  Assessor  and  Collector  to  give  notice 

of  the  possession  of  warrants  for 
the  collection  of  taxes. 


Section- 

331.  If  payment  not  made  within  thirty 

days ;  what  done. 

332.  Assessor  to  collect  and  make  out  a 

list  of  delinquents;  when;  how 
lands  shall  be  sold,  etc.,  etc. 

333.  Within  ten  days  to  make  out  report 

of  sales;  how;  to  be  recorded, 
where. 

334.  City  Clerk  to  certify  amount  of 

taxes  levied ;  Collector  to  he  cred¬ 
ited  with  amount  on  books  of  City 
Treasurer. 

335.  When  real  estate  sold  and  forfeited 

to  the  city. 

336.  Right  of  redemption. 

337.  Money  of  redemption  to  be  paid  to 
whom. 

338.  When  deed  may  be  executed  ;  how. 

339.  To  whom  deed  may  be  made. 

340.  What  kind  of  money  Collector  to 

receive. 

341.  The  provisions  of  chapter  to  apply 

to  sales,  etc.,  made  under  side¬ 
walk  and  street  improvements. 


Section  317.  The  assessor  and  collector  shall,  on  the  first 
Monday  of  April  in  each  and  every  year,  or  as  soon  thereafter  as  is 
possible,  proceed  to  examine  and  assess  all  property  within  the  city 
subject  to  taxation,  at  its  cash  valuation,  and  shall  make  out  in 


ORDINANCE. 


129 


suitable  books  a  list  of  all  such  property,  which  list  shall  contain, 
in  separate  columns,  the  name  of  the  owner,  if  known,  a  descrip¬ 
tion  of  the  property  and  the  valuation  thereof. 

Sec.  318.  The  assessor  and  collector  is  authorized  to  demand 
of  every  person  owning  or  having  charge  of  any  taxable  property 
as  agent,  guardian,  trustee,  or  otherwise,  a  list  of  such  property 
with  such  description  as  will  enable  him  to  list  and  assess  the  same, 
and  shall  have  the  power  and  is  required,  when  not  satisfied  with 
such  list,  to  examine  the  party  under  oath  touching  the  same. 

Sec.  319.  If  any  person  refuse  a  list  of  their  property  as 
aforesaid,  or  to  testify  under  oath  concerning  property  belonging  to 
him  or  her,  or  under  his  or  her  charge,  or  deliver  a  correct  description 
of  their  property  at  the  office  of  the  city  treasurer  and  collector,  or 
city  clerk,  within  ten  days  after  such  demand  shall  have  been  made, 
or  willfully  omit  any  such  property  from  the  list  furnished  by  him 
or  her,  the  whole  property  belonging  to  or  under  the  charge  of 
such  person  shall  be  assessed  at  double  its  cash  market  value. 

Sec.  320.  If  the  assessor  and  collector  find  property  within 
the  city,  the  owner  of  which  is  unknown,  he  shall  apply  to  the  county 
recorder  for  the  requisite  information,  and  take  such  other  means 
as  may  be  in  his  power  to  obtain  the  same,  and  failing  in  this  he 
shall  mark  the  property  as  that  of  an  owner  unknown. 

Sec.  321.  If  the  assessor  and  collector  shall  find  any  property 
taxable  but  not  assessed  in  some  previous  year,  the  same  shall  be 
assessed  for  each  year  in  which  it  was  not  assessed,  and  the  assessor 
shall  note  the  same  upon  the  assessment. 

Sec.  322.  It  shall  be  the  duty  of  the  assessor  and  collector  to 
make  a  full  return  of  the  assessment  of  all  the  property  within  the 
city  by  the  second  Monday  of  May  in  each  year,  to  the  city  clerk, 
which  said  return  shall  be  laid  before  the  city  council  at  the  meet¬ 
ing  thereof  for  the  examination  of  such  assessment. 

Sec.  323.  Upon  the  delivery  of  the  assessment  lists  as  aforesaid, 
to  the  city  clerk,  it  shall  be  the  duty  of  the  mayor  forthwith  to  call 
a  meeting  of  the  city  council  to  hear  and  determine  all  appeals  from 
the  assessment  of  the  assessor  and  collector,  and  to  correct  all  errors 
that  may  be  found  in  the  lists )  notice  of  such  called  meeting  of 

17 


130 


OEDINANCE. 


the  city  council  shall  be  published  at  least  five  days  in  the  news¬ 
papers  employed  to  publish  the  ordinances  of  the  city,  and  until 
such  meeting,  the  said  assessment  lists  shall  remain  in  the  city 
clerk’s  office,  open  to  the  examination  of  any  person  interested  therein. 

Sec.  324.  It  shall  be  the  duty  of  the  assessor  and  collector  to 
attend  such  meeting  of  the  city  council,  and  furnish  all  the  informa¬ 
tion  in  his  possession  in  relation  to  any  property  from  the  assessment 
of  which  any  appeal  may  be  taken  to  the  city  council  for  correction 
or  change. 

Sec.  325.  All  persons  who  consider  themselves  aggrieved  by 
the  assessment  of  their  property,  may  appeal  to  the  city  council. 
Every  such  appeal  shall  be  in  writing,  and  shall  specify  the  reason 
of  the  appeal  and  the  matter  or  thing  complained  of,  and  shall  be 
presented  at  the  meeting  of  the  city  council  called  as  aforesaid  to 
hear  and  determine  the  same,  and  at  no  other. 

Sec.  326.  The  city  council,  when  convened  for  the  purpose 
aforesaid,  shall  hear  and  determine  all  appeals  in  a  summary  way, 
and  correct  any  error  which  they  may  discover  in  the  assessment 
lists,  and  may  place  upon  such  lists  any  assessable  property  not 
already  listed,  and  may  increase  or  diminish  any  assessment  as  they 
may  think  fit,  or  may  refer  the  same  back  to  the  assessor  and 
collector,  with  instructions  to  revise  and  correct  the  same. 

Sec.  327.  When  the  assessment  lists  have  been  corrected  and 
revised,  an  order  confirming  the  same  shall  be  made  by  the  city 
council,  and  the  list  shall  be  filed  in  the  city  clerk’s  office.  The 
city  council  shall  thereupon,  by  an  ordinance  or  resolution,  levy 
such  sum  or  sums  of  money  as  may  be  deemed  sufficient  for  the 
several  purposes  for  which  taxes  are  by  the  city  charter  authorized 
to  be  levied,  not  exceeding  the  authorized  percentage,  and  make 
an  order  directing  a  warrant  to  be  issued  for  the  collection  thereof. 

Sec.  328.  Upon  the  receipt  of  the  assessment  lists,  the  city 
clerk  shall  record  the  same  in  an  appropriate  book  for  that  purpose, 
and  make  out  and  deliver  to  the  assessor  and  collector  a  fair  and 
complete  copy  of  the  same,  with  the  tax  assessed  to  each  individual 
carried  out  in  a  separate  column,  and  take  his  official  receipt  there¬ 
for,  and  charge  him  with  the  full  amount  of  said  assessments. 


ORDINANCE. 


131 


Sec.  329.  It  shall  be  the  duty  of  the  assessor  and  collector  to 
collect  all  warrants  for  taxes  which  may  be  placed  in  his  hands  for 
collection,  and  to  pay  over  to  the  city  treasurer  on  the  first  Monday 
of  every  month  all  money  and  city  scrip  collected  by  him,  taking 
duplicate  receipts  therefor,  one  of  which  shall  be  filed  with  the 
city  clerk. 

Sec.  330.  Upon  the  delivery  of  the  warrants  for  taxes  into  the 
hands  of  the  assessor  and  collector,  it  shall  be  his  duty  to  give 
notice  of  the  fact  by  publication  for  ten  days  in  each  of  the  papers 
printing  the  ordinances  of  the  city,  notifying  all  persons  to  pay 
the  taxes  assessed  against  them  within  twenty  days  from  the  date 
of  said  notice. 

Sec.  331.  If  payment  be  not  made  within  thirty  days  after  the 
first  publication  of  said  notice,  the  assessor  and  collector  shall  pro¬ 
ceed  to  collect  the  same  by  levying  upon  the  personal  property  of 
the  delinquent  found  within  the  city,  and  selling  the  same  within 
ten  days  after  the  levy  in  the  same  manner  in  which  constables  are 
by  law  required  to  sell  property  taken  by  them  under  execution. 

Sec.  332.  On  the  first  Monday  of  August,  in  each  year,  or  as 
soon  thereafter  as  practicable,  the  assessor  and  collector  shall  make 
out  a  list  of  the  lots  and  tracts  of  land  upon  which  taxes  remain 
unpaid  and  from  whom  due,  and  apply  to  the  county  court  of  Alex¬ 
ander  county  for  judgment  against  all  such  delinquent  premises,  as 
by  law  is  now  provided  in  such  cases  where  the  State  and  county 
taxes  remain  unpaid,  and  shall,  upon  receipt  of  a  precept  or  order 
of  sale  from  said  county  court,  then  proceed  to  sell  the  same  in  the 
same  manner  as  is  provided  by  such  general  State  law ;  and  the 
county  clerk  shall  for  his  services,  in  entering  up  such  judgment, 
and  issuing  such  precept  or  order  of  sale,  receive  the  same  com¬ 
pensation  as  is  or  may  hereafter  be  allowed  by  the  general  State 
laws  for  similar  services,  which,  with  the  costs  of  advertising,  shall 
be  the  only  costs  for  which  judgment  shall  be  taken.  If  no  one 
bid  on  any  lot  offered  for  sale,  the  same  shall  be  forfeited  to  the 
city,  and  shall  be  thus  marked  on  the  books  of  the  city  clerk,  and 
at  the  assessment  in  the  following  year,  the  city  clerk  shall  have 
power  to  carry  forward  the  forfeited  tax  upon  the  assessment  list, 


132 


ORDINANCE. 


and  in  case  such  premises  are  again  forfeited,  shall  at  the  next 
ensuing  year  again  carry  forward  the  whole  amount  of  the  forfeited 
tax,  and  so  on  for  five  consecutive  years. 

Sec.  333.  Within  ten  days  after  any  sale,  the  assessor  and 
collector  shall  make  out  in  duplicate  a  minute  and  specific  report 
or  statement  of  the  sales  made  by  him,  one  copy  of  which  he  shall 
cause  to  be  recorded  in  the  recorder’s  office  of  Alexander  county, 
and  the  other  to  be  filed  with  the  city  clerk,  who  shall  record  the 
same  in  a  suitable  book  for  the  inspection  of  all  parties  interested. 

Sec.  334.  The  city  clerk,  from  such  report,  shall  certify  to  the 
city  council  the  gross  amount  of  the  taxes  assessed  on  any  and  all 
lots  sold  to  the  city  at  any  tax  sale  as  aforesaid ;  and  the  assessor 
and  collector  shall  be  credited  with  the  said  gross  amount  of  such 
forfeitures  on  the  books  of  the  city  treasurer,  and  also  for  money  or 
city  scrip  paid  into  the  treasury  by  the  assessor  and  collector  arising 
from  sales  to  individuals. 

Sec.  335.  Whenever  real  estate  shall  have  been  sold  for  taxes 
and  forfeited  to  the  city,  and  shall  be  again  advertised  for  sale  for 
the  taxes  of  a  subsequent  year,  the  assessor  and  collector  shall  state 
in  his  advertisement  thereof,  not  only  the  amount  due  for  the  year 
in  which  he  advertises  it,  but  also  the  amount  of  taxes  for  which 
it  was  previously  forfeited  to  the  city,  with  the  costs  and  interest, 
which  will  be  due  thereon  at  the  day  of  the  sale ;  and  any  indi¬ 
vidual  purchasing  such  real  estate  at  such  sale  shall,  before 
receiving  a  certificate  of  his  purchase,  pay  the  amount  bid  at  the 
sale  at  which  he  purchases,  and  also  the  amount  previously  due  the 
city  as  stated  by  the  assessor  and  collector  in  his  advertisement. 

Sec.  336.  The  right  of  redemption  in  all  cases  from  sales  for 
taxes  shall  exist  to  the  owners,  their  heirs,  executors  or  assigns,  to 
the  same  extent  as  is  allowed  by  the  laws  of  the  state  in  all  cases 
of  sales  of  real  estate  for  taxes,  for  State  and  county  purposes,  on 
the  payment  in  the  legal  currency  of  the  United  States,  to  the  city 
clerk,  of  double  the  amount  for  which  the  same  was  sold,  and  all 
taxes  accruing  subsequently  to  the  sale,  with  interest  and  costs, 
whereupon  he  shall  give  to  the  party  a  certificate,  under  the  seal  of 
the  city,  reciting  the  sale,  purchase  and  redemption. 


ORDINANCE. 


133 


Sec.  337.  Money  paid  to  the  city  clerk  in  redemption  of  real 
estate  purchased  at  a  tax  sale  by  an  individual,  shall  be  paid  by  the 
city  clerk  to  the  purchaser  upon  his  applying  therefor  and  produc¬ 
ing  the  assessor  and  collector’s  certificate  of  his  purchase,  and 
indorsing  thereon  a  receipt  for  the  amount. 

Sec.  338.  If  any  property  sold  as  aforesaid  be  not  redeemed 
within  the  time  and  in  the  manner  aforesaid,  the  city  council  shall, 
upon  the  return  of  the  certificate  of  sale,  or  proof  of  its  loss  and 
contents,  direct  a  deed  to  be  executed  to  the  purchaser,  under  the 
corporate  seal,  to  be  signed  by  the  mayor  or  presiding  officer  of  the 
city  council  and  countersigned  by  the  city  clerk,  conveying  to  such 
purchaser  the  premises  so  sold,  which  shall  recite  substantially  the 
amount  of  the  tax,  the  year  for  which  it  was  assessed,  the  day  and 
year  of  the  sale,  the  amount  for  which  the  real  estate  was  bid  off, 
a  full  description  thereof,  and  the  name  of  the  purchaser. 

Sec.  339.  Deeds  to  property  may  be  made  to  the  holder  of  the 
certificate  of  purchase,  when  said  certificate  has  been  transferred 
in  writing  by  the  original  purchaser  of  any  real  estate. 

Sec.  340.  It  shall  be  the  duty  of  the  assessor  and  collector, 
when  taxes  are  paid  to  him,  to  receive  therefor  either  the  legal 
currency  of  the  United  States,  or  city  scrip  or  orders,  and  to  give 
his  receipts  for  the  same,  and  to  mark  in  his  books  by  whom  paid 
opposite  the  number  of  each  lot. 

Sec.  341.  Whenever  it  becomes  necessary  to  sell  lots  or  lands 
in  the  city  of  Cairo,  for  the  non-payment  of  assessments  levied  for 
street  improvements  or  sidewalks  or  crosswalks,  the  provisions  of 
this  chapter  as  far  as  applicable  shall  apply  thereto. 


CHAPTER  XYI. 

RULES  OF  PROCEDURE  FOR  THE  RECOVERY  OF  FINES 

AND  PENALTIES. 

Section —  Section — 

342.  Before  whom  fine  and  penalty  may  344.  No  action  to  be  dismissed  for  want 

be  sued  for.  of  form. 

343.  The  first  proceeding,  what.  345.  When  summons  returnable. 


134 


ORDINANCE. 


Section — 

346.  When  warrant  may  issue. 

347.  How  warrant  shall  be  served  ;  every 

person  entitled  to  trial  within 
twenty-four  hours. 

348.  How  persons  shall  he  arrested; 

what  statement  to  appear  on  dock¬ 
et  ;  what  statement  officer  must 
make. 

349.  Bail. 

350.  When  judgment  may  be  entered. 

351.  Party  who  cannot  go  to  trial  for 

want  of  witnessess,  to  go  to  jail,  if 
unable  to  give  bail. 

352.  When  application  for  continuance 

to  be  made. 

353.  Transcript. 

354.  When  defendant  fails  to  appear  be¬ 

fore  Magistrate. 

355.  When  a  judgment  of  default  may 

be  set  aside. 

356.  Attachments,  when  and  how  issued. 

357.  Depositions,  how  to  be  taken. 

358.  Attendance  of  respectable  females, 

not  necessary ;  when. 


Section — 

359.  Process  against  the  city  to  be  served 

on  the  Mayor. 

360.  What  the  number  of  jurymen. 

361.  When  officer  kin  of  prosecutor,  etc., 

who  shall  select  jury. 

362.  Jurors  to  be  sworn ;  how. 

363.  The  verdict,  how  it  shall  be  re¬ 

turned. 

364.  When  defendant  acquitted,  the  pro¬ 

secutor  may  be  adjudged  to  pay 
cost. 

365.  When  execution  shall  issue. 

366.  What  witness  fee  allowed. 

367.  The  laws  of  Illinois  to  govern  po¬ 

lice  magistrates. 

368.  Before  whom  suits  for  the  recovery 

of  fines  and  penalties  shall  be  in¬ 
stituted  ;  for  what  judgment  shall 
be  rendered. 

369.  May  send  persons  convicted,  if  with¬ 

out  money,  to  jail ;  for  what  time; 
or  to  work  on  the  streets;  bond  to 
pay  fine  within  thirty  days  may 
be  given. 


Section  342.  Whenever  any  fine,  forfeiture,  or  penalty  shall 
have  been  incurred  for  the  breach  of  any  of  the  ordinances  of  this 
city,  the  same  shall  be  sued  for  before  one  of  the  police  magistrates 
elected  in  and  for  the  city,  or  before  any  court  having  jurisdiction 
thereof,  in  the  form  of  an  action  of  debt,  in  the  corporate  name  of 
the  city. 

Sec.  343.  The  first  proceeding  in  any  such  action  shall  be  the 
filing  with  the  police  magistrate,  or  other  court,  by  the  city  attorney, 
or  person  prosecuting  in  his  stead,  of  a  statement  in  writing  as  near 
as  may  be  in  the  following  form,  which  shall  be  the  foundation  of 
all  subsequent  proceedings  in  the  action,  to  wit : 

“  A.  B.,  to  The  City  of  Cairo,  Dr ., 

11  To - dollars  for  a  violation  of  Section  No. — —  of 

Ordinance  No. - of  the  City  of  Cairo. 

C.  D.,  City  Attorney 

Sec.  344.  No  action  shall  be  dismissed  for  any  defect  of  form 
in  said  statement,  if  the  offense  be  substantially  set  forth  so  as  to 
give  the  defendant  notice  of  the  charge  which  he  is  required  to 
answer ;  and  such  statement  may  include  several  persons  charged 


ORDINANCE. 


135 


with  the  same  offense ;  and  upon  such  statement  being  filed,  the 
police  magistrate  shall  docket  the  cause  in  his  docket,  in  the  usual 
manner  required  by  law,  and  may  issue  a  warrant  or  summons,  as 
the  case  may  require. 

Sec.  345.  A  summons  so  issued  shall  be  made  returnable  in 
five  days,  and  shall  be  served  and  returned  in  the  same  manner  as 
such  writs  are  made  returnable  by  the  laws  of  this  State ;  and  the 
trial  shall  be  had  thereon  the  same  day  of  the  return  of  said  writ, 
unless  good  and  sufficient  cause  be  shown  for  the  continuance  of  the 
cause,  which  may  be  determined  by  the  police  magistrate  in  his 
discretion. 

Sec.  346.  Upon  an  affidavit  being  made  before  the  police 
magistrate  that  any  person  has  been  guilty  of  a  breach  of  any 
ordinance,  specifying  the  same,  the  police  magistrate  may  issue  a 
warrant  for  the  apprehension  of  the  party  accused,  which  warrant 
shall  refer  to  the  affidavit,  and  name  the  individual  making  the 
same,  upon  which  said  warrant  is  issued,  and  shall  otherwise  be  in 
the  form  heretofore  used  in  such  proceedings. 

Sec.  347.  Such  warrant  shall  be  served  by  arresting  the  body 
of  the  defendant,  and  taking  him  forthwith  before  one  of  the 
police  magistrates,  if  during  business  hours ;  and  every  person  so 
arrested  shall  be  entitled  to  a  trial  within  twenty-four  hours  from 
the  time  of  his  arrest,  (except  when  Sunday  shall  intervene,)  unless 
good  cause  for  continuance  be  shown,  or  the  trial  is  postponed  from 
unavoidable  circumstances,  and  the  officer  making  the  arrest  may 
keep  the  defendant  in  custody  by  committing  him  to  the  city  jail 
until  the  trial. 

Sec.  348.  No  summons  or  warrant  shall  issue  against  a  person 
who  may  have  been  arrested  and  brought  before  a  police  magistrate 
without  warrant,  in  any  case  where  such  arrest  is  authorized  ;  but 
the  police  magistrate  or  other  court  shall  enter  upon  his  docket  the 
fact  and  cause  of  his  arrest,  and  by  whom  made ;  and  the  officer 
making  the  arrest  shall  return  to  the  police  magistrate  a  written 
statement  of  the  cause,  time,  and  place  of  arrest. 

Sec.  349.  Any  person  in  the  custody  of  the  city  officers,  for  a 
violation  of  any  ordinance,  may  be  admitted  to  bail  by  executing  a 


136 


ORDINANCE. 


bond  to  the  city,  with  sufficient  security,  to  be  approved  by  the 
police  magistrate,  in  double  the  amount  of  the  penalty  for  the 
offense  charged,  conditioned  that  he  will  appear  upon  a  day  therein 
named,  before  the  police  magistrate,  and  answer  the  accusation  for 
which  he  has  been  arrested,  and  not  depart  the  court  without  leave, 
which  bond  shall  be  attested  by  the  police  magistrate,  and  a  note 
thereof  shall  be  entered  upon  his  docket. 

Sec.  350.  If  the  defendant  fail  to  appear  according  to  the 
condition  of  the  bond,  or,  appearing,  shall  depart  the  court  without 
leave,  the  police  magistrate  shall  enter  up  judgment  against  him 
and  his  securities  for  the  penalty  of  said  bond  and  all  costs. 

Sec.  351.  A  party  in  custody  who  cannot  be  tried  because 
of  the  absence  of  witnesses  or  other  cause,  and  who  cannot  give 
bail  for  his  appearance,  may  be  confined  in  the  city  jail  not  exceed¬ 
ing  three  days,  and  in  such  case  the  police  magistrate  shall  deliver 
to  the  officer  making  the  arrest  a  commitment,  stating  the  cause  of 
the  detention. 

Sec.  352.  Applications  for  continuances  must  be  made  when 
the  suit  is  called  up  for  trial,  and  at  no  other  time,  unless  by 
agreement  between  the  parties,  with  the  approbation  of  the  police 
magistrate. 

Sec.  353.  In  all  cases  of  appeal,  the  police  magistrate  shall 
make  out  and  certify  a  full  transcript  of  the  proceedings  had  in 
such  suit,  as  the  same  is  recorded  in  his  docket. 

Sec.  354.  When  a  defendant,  duly  summoned,  fails  to  appear 
at  the  time  the  suit  is  set  for  trial,  the  police  magistrate  shall  hear 
and  examine  the  testimony  offered  on  the  part  of  the  city,  and 
shall  render  the  judgment  by  default  against  the  defendant  for 
such  amount  under  the  ordinance  as  he  may  deem  justice  to 
require. 

Sec.  355.  Judgments  by  default,  rendered  under  the  preceding 
section,  may  be  set  aside  by  the  police  magistrate,  and  a  new  trial 
granted  within  ten  days  after  the  rendition  :  Provided ,  the  defend¬ 
ant  shall,  within  ten  days,  make  application  and  show  good  cause 
for  such  setting  aside ;  and  provided  he  «  shall  pay  all  the  costs 
which  have  accrued,  unless  he  prove,  to  the  satisfaction  of  the 


ORDINANCE. 


137 


police  magistrate  that  he  was  prevented  by  unavoidable  circum¬ 
stances  from  attending  the  trial. 

Sec.  356.  The  police  magistrate  may  issue  attachments  to 
compel  the  attendance  of  witnesses  who  have  been  duly  summoned, 
and  may  punish  for  contempts  in  like  manner  as  justices  of  the 
peace  are  authorized  to  do  by  the  laws  of  this  State. 

Sec.  357.  Depositions  taken  in  conformity  with  the  laws  of  this 
State,  maybe  read  before  the  police  magistrate,  on  any  trial  for  the 
recovery  of  penalties,  where  the  witness  is  dead,  or  absent  by 
reason  of  sickness,  old  age,  or  bodily  infirmity,  or  absent  from  the 
city  without  collusion  of  the  party  offering  said  deposition,  or 
where  both  parties  agree  in  any  case  to  the  reading  thereof. 

Sec.  358.  The  attendance  of  respectable  females  before  the 
police  magistrate,  as  witnesses  on  the  part  of  the  city,  shall  not  be 
compelled  against  their  inclination,  if  they  are  willing  to  give  their 
deposition,  unless  their  personal  appearance  in  court  is  essential  to 
the  ends  of  justice,  in  the  opinion  of  the  police  magistrate  or  other 
court;  and  where  the  testimony  of  such  is  wanted  by  any  defend¬ 
ant,  and  they  are  not  willing  to  appear  in  court,  and  do  not  object 
to  give  their  testimony  in  writing,  the  city  attorney  shall  attend  at 
their  residence  when  so  notified  to  do  by  the  defendant,  and  cross- 
examine  on  the  part  of  the  city,  and  the  depositions  of  all  such 
persons,  legally  taken,  shall  be  received  and  read  in  evidence  on 
any  trial  before  the  police  magistrate. 

Sec.  359.  All  notices  and  process  which  it  may  be  necessary, 
in  any  suit  before  a  police  magistrate,  to  serve  on  the  city,  shall  be 
served  on  the  mayor,  or  the  person  acting  in  his  stead. 

Sec.  360.  A  jury  before  the  police  magistrate’s  court,  in  suits 
to  which  the  city  is  a  party,  shall  consist  of  six  persons,  unless  the 
parties  agree  to  a  less  number,  or  unless  the  laws  of  the  State 
require  a  jury  of  twelve. 

Sec.  361.  When  the  officer  acting  in  the  case  is  of  kin  to  the  ' 
prosecutor  or  defendant  in  a  suit,  or  the  defendant  or  prosecutor 
shall  file  an  affidavit  that  the  said  officer  is  so  prejudiced  against 
him  that  justice  may  not  be  done  in  the  selection  of  the  jury,  the 
police  magistrate  shall  issue  a  venire  to  some  disinterested  person 
18 


138 


ORDINANCE. 


who,  before  executing  the  same,  shall  be  sworn  faithfully  and 
impartially  to  execute  it  *  and  who  shall,  for  its  execution,  receive 
the  same  compensation  that  is  allowed  to  the  city  officers  for  a 
similar  service. 

Sec.  362.  Jurors  shall  be  sworn  or  affirmed  to  the  matter  in 
issue  between  the  parties,  and  a  true  verdict  to  give  according  to 
law  and  evidence;  and  persons  jointly  accused  shall  have  a  sepa¬ 
rate  trial,  if  they  demand  it,  before  the  jury  is  impanneled,  or  the 
trial  gone  into. 

Sec.  363.  The  verdict  of  the  jury  shall  be  in  either  of  the 
following  forms  as  near  as  may  be  :  “We,  the  jury,  find  the 
defendant  not  guilty  as  alleged  against  him/’  if  they  find  the 
defendant  to  be  not  guilty;  “We,  the  jury,  find  the  defendant 

guilty  as  alleged,  and  assess  against  him  a  fine  of - dollars/’ 

if  they  find  the  defendant  guilty ;  the  verdict  in  either  case  to  be 
signed  by  all  the  jurors. 

Sec.  364.  When  a  defendant  is  acquitted,  the  informant  or 
prosecutor  may  be  adjudged  to  pay  the  cost,  if  it  appears  to  the 
police  magistrate  that  the  prosecution  was  instituted  vexatiously  or 
maliciously,  or  without  just  or  probable  cause. 

Sec.  365.  Upon  the  rendition  of  a  judgment  against  any 
defendant  for  the  violation  of  any  ordinance  of  the  city,  the  police 
magistrate  shall  forthwith  issue  an  execution  directed  to  one  of  the 
city  officers,  which  shall  be  returnable,  and  shall  be  in  the  same 
form  and  otherwise  governed  by  the  same  regulations  as  are  execu¬ 
tions  issued  by  justices  of  the  peace  under  the  laws  of  this  State  : 
j Provided,  however,  the  police  magistrate  may  order  the  defendant 
to  be  committed  to  the  city  jail,  or  put  him  under  the  care  of  the 
street  commissioner,  until  such  fine  and  costs  due  on  such  execution 
shall  be  liquidated  by  confinement  in  such  jail,  or  worked  out  on 
the  street  under  any  ordinance  of  the  city;  and  the  officer  shall,  in 
his  return,  express  how  said  execution  was  satisfied. 

Sec.  366.  Witnesses  summoned  in  any,  suit  before  the  police 
magistrate,  and  attending  at  the  trial,  shall  be  entitled  to  fifty  cents 
for  each  day’s  attendance ;  to  be  recovered  of  the  party  convicted. 

Sec.  367.  The  police  magistrate  and  city  officers,  in  all  matters 


ORDINANCE 


139 


pertaining*!*)  the  duties  of  their  respective  offices,  in  judicial  pro¬ 
ceedings,  and  concerning  which  there  is  no  specific  provision  made 
by  ordinances  of  the  city,  shall  be  governed  by  the  laws  of  the 
State  of  Illinois,  relating  to  the  proceedings  of  justices  and  consta¬ 
bles  ;  and  in  all  civil  suits,  the  forms  and  proceedings  required  by 
the  laws  of  this  State  of  justices  and  constables,  shall  be  observed 
by  said  officers. 

Sec.  368.  All  suits  brought  for  the  recovery  of  fines,  penalties 
or  forfeitures,  shall  be  brought  or  instituted  before  either  of  the 
police  magistrates  elected  for  the  city  of  Cairo,  or  other  court  having 
jurisdiction  thereof,  and  in  all  cases  where  judgment  is  rendered 
against  the  defendant  or  defendants,  judgment  shall  be  rendered 
for  the  costs  of  suit,  as  well  as  for  the  fine,  penalty  or  forfeiture. 

Sec.  369.  In  all  cases  where  fines  and  penalties  are  now 
imposed  and  authorized  to  be  collected  by  the  city  ordinances;  as 
punishment  for  violation  thereof,  the  court  or  magistrate  before 
whom  conviction  may  be  had  may,  and  he  is  hereby  authorized,  in 
addition  to  the  fines  and  penalties  now  imposed  to  imprison  the 
person  so  convicted  in  the  city  jail  for  such  period  not  exceeding 
six  months  in  each  case,  as  such  court  may  deem  just  and  proper; 
and  may  also  make  it  a  part  of  the  judgment  of  the  court,  that 
persons  so  convicted  be  required  to  labor  for  such  period  as  they 
may  be  imprisoned,  on  the  streets,  avenues,  roads,  improvements  or 
public  works  in  the  city,  and  that  the  labor  to  be  performed  by 
persons  convicted  under  the  city  ordinances,  shall  be  performed 
under  the  direction  of  the  mayor  or  police  magistrate  of  the  city, 
cither  of  whom  is  hereby  authorized  to  make  such  arrangements 
with  any  public  officer,  or  other  persons,  for  working  them  upon 
any  public  works,  as  they  or  either  of  them  may  deem  expedient: 
Provided ,  that  any  person  or  persons  against  whom  judgment  shall 
be  rendered  for  the  violation  of  any  ordinance  of  the  city,  for  a 
pecuniary  fine,  may  release  himself  or  themselves  from  custody,  by 
entering  into  a  recognizance,  with  good  and  sufficient  security  to 
be  approved  by  the  officer  rendering  said  judgment,  in  double  the 
amount  of  such  judgment,  fine  and  costs,  payable  within  thirty 
days  from  the  rendition  of  such  judgment. 


140 


ORDINANCE. 


4 

CHAPTER  XYII. 

SEAL. 

Section  370.  What  shall  be  City  Seal. 

Section  370.  The  seal  of  the  city  shall  be  in  a  circular  form,  with 
the  words  “  of  the  City  of  Cairo,  Illinois/’  and  the  figures  “  1857” 
in  the  exterior  circle,  and  the  word  “  seal  ”  in  the  center,  sur¬ 
rounded  by  an  appropriate  vignette,  (representing  the  corn  and 
other  rich  products  of  [Egypt]  Southern  Illinois,)  and  shall  be 
used  as  such  seal  in  all  cases  that  have  or  shall  hereafter  be  pro¬ 
vided  for  by  law  or  the  ordinances  of  the  city,  and  in  all  other 
cases  in  which  by  law  and  custom  it  is  usual  and  necessary  for  the 
corporation  to  use  a  seal. 


CHAPTER  XVIII. 


STREETS  AND  SUPERVISORS. 


Section — 

371.  Who  shall  labor  on  streets. 

372.  Street  Supervisor,  how  appointed.  - 

373.  What  shall  be  his  duty;  to  give 

notice  that  labor  will  be  required. 

374.  How  notice  shall  he  given. 

375.  Supervisor  to  keep  a  list  of  persons 

notified. 

376.  To  labor  eight  hours  diligently. 

377.  Neglect  to  work  or  pay;  liable  to 

an  action  for. 

378.  In  what  money  street  labor  shall  be 

paid. 

379.  Percentage  of  Supervisor. 


Section — 

380.  No  person  to  remove  earth  from 

streets;  penalty. 

381.  No  one  allowed  to  deposit  lumbei’, 

etc.,  on  public  street  so  as  to  ob¬ 
struct  travel. 

382.  Duty  of  police  in  relation  to  this 

chapter. 

383.  No  vegetable  matters  to  be  placed, 

where;  penalty. 

384.  Rules  in  relation  to  levee  plank 

road. 

385.  No  candy  stands,  etc.,  to  be  kept  on 

streets  or  sidewalks ;  penalty. 


Section  371.  For  the  purpose  of  keeping  the  streets  and 
avenues  in  repair,  every  male  inhabitant  of  said  city,  between  the 
ages  of  twenty-one  and  fifty  years,  shall  be  and  they  are  hereby 
required  to  labor  on  the  streets  and  avenues  of  the  city  three  days 
in  each  year,  under  direction  of  such  officer  as  the  city  council  may 
direct,  or  in  lieu  of  such  labor  pay  the  sum  of  three  dollars  in 
current  funds. 


ORDINANCE. 


141 


Sec.  372.  There  shall  be  appointed  by  the  city  council  an 
officer  of  the  city,  to  be  called  supervisor  of  streets,  whose  duty  it 
shall  be  to  attend  to  the  collection  of  the  street  tax,  and  such  other 
duties  as  may  be  devolved  upon  him  by  the  city  council. 

Sec.  373.  The  supervisor  of  streets  shall,  on  the  first  Monday 
of  April  in  each  year,  or  as  soon  thereafter  as  he  may  be  directed 
by  the  city  council,  proceed  to  notify  all  the  male  inhabitants  of 
the  city  from  whom  street  labor  can  be  required,  to  attend  at  such 
time  and  place  and  with  such  implements  as  he  may  designate,  for 
the  purpose  of  performing  the  labor  necessary  in  the  repair  of  such 
of  the  streets  as  require  it. 

Sec.  374.  The  said  notices  shall  be  printed  or  in  writing,  and 
shall  be  given  at  least  three  days  before  the  day  on  which  the 
laborers  are  required  to  work,  and  shall  be  served  personally  or  by 
leaving  them  at  the  usual  place  of  abode  of  the  person  required  to 
labor. 

Sec.  375.  The  supervisor  of  streets  shall  keep  a  list  of  the 
persons  notified,  the  date  of  the  notification,  and  the  amounts  paid 
in  lieu  of  labor,  and  by  whom ;  and  to  all  persons  who  shall  per¬ 
sonally  or  by  another,  and  shall  diligently  labor  the  three  days 
required  of  him,  or  any  part  thereof,  the  supervisor  of  streets  shall 
give  a  receipt,  either  in  full  or  in  part,  for  the  street  tax  of  that 
year. 

Sec.  376.  All  persons  laboring  on  the  streets  shall  be  required 
to  labor  with  reasonable  diligence  eight  hours  in  each  day ;  and  if 
any  person  working  on  the  streets  or  avenues,  in  conformity  with 
the  notice  aforesaid,  shall  refuse  to  execute  work  in  the  manner 
directed  by  the  city  engineer  or  person  in  charge,  he  shall  not  be 
entitled  to  receive  any  credit  for  street  tax,  but  shall  be  reported 
to  the  city  attorney  for  prosecution  as  one  of  those  failing  or 
refusing  to  work. 

Sec.  377.  If  any  person  who  neglected  or  refused  to  labor  on 
the  streets,  after  being  notified  as  aforesaid,  shall  fail  to  pay  to  the 
supervisor  of  streets  or  the  city  treasurer  the  sum  of  three  dollars, 
in  the  legal  currency  of  the  United  States,  on  or  before  the  last 
day  on  which  he  was  required  to  labor  as  above  specified,  he  shall 


142 


ORDINANCE. 


be  liable  to  tbe  city  in  an  action  for  the  recovery  thereof ;  and  the 
supervisor  of  streets  shall,  immediately  upon  the  expiration  of  the 
three  days  during  which  labor  was  to  be  performed,  furnish  a  list 
of  all  such  delinquent  persons  to  the  city  attorney,  who  shall  there¬ 
upon  institute  suit  against  such  delinquents  for  the  respective 
amounts  due  from  them. 

Sec.  378.  All  moneys  received  by  the  supervisor  of  streets  in 
lieu  of  street  labor,  shall  be  paid  by  him,  in  legal  currency,  into 
the  city  treasury,  on  or  before  the  first  Monday  in  each  month  ; 
and  at  each  monthly  stated  meeting  of  the  city  council,  said  super¬ 
visor  shall  make  report  of  his  receipts  and  expenditures  and  work 

i 

for  the  previous  month,  which  report  shall  contain  the  names  of  the 
persons  laboring  on  the  streets,  and  of  persons  making  payment  in 
lieu  thereof. 

Sec.  379.  The  supervisor  of  streets  shall  receive  ten  per  cent,  of 
all  moneys  collected  by  him  in  lieu  of  street  labor,  to  the  amount 
of  $3,000,  and  twenty  per  cent,  on  all  sums  over  that  amount. 

Sec.  380.  No  person  or  persons  or  body  corporate  shall,  in  any 
manner,  remove  or  cause  to  be  removed  any  earth  from  any  of  the 
avenues  or  streets  of  the  city,  or  remove  earth  from  one  part  of  a 
street  to  another,  or  public  grounds  within  the  corporate  limits  of 
the  city  of  Cairo,  without  having  first  obtained  leave  from  the  city 
council  to  do  so ;  and  every  person  or  persons  or  body  corporate 
offending  against  the  provisions  of  this  chapter,  shall  forfeit  and 
pay  to  the  city  of  Cairo  a  sum  not  less  than  ten  dollars  nor  more 
than  fifty  dollars  for  each  and  every  offense  :  Provided ,  the  haul¬ 
ing  and  carrying  away  of  each  load  and  each  parcel,  and  each  other 
separate  removal  of  earth,  shall  be  considered  and  taken  as  a  distinct 
and  separate  offense. 

Sec.  381.  It  shall  not  be  lawful  for  any  person  to  place  or 
deposit  on  any  of  the  streets  or  avenues  of  the  city,  so  as  to  obstruct 
the  same,  any  timber,  wood,  lumber,  coal,'  brick,  stone,  or  other 
materials ;  and  every  person  violating  the  provisions  of  this  sec¬ 
tion  shall  forfeit  and  pay,  for  the  use  of  the  city,  a  sum  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars,  for  each  and 
every  offense  :  Provided ,  builders  may  occupy  half  of  the  street 


ORDINANCE. 


143 


with  their  building  materials,  where  they  are  engaged  in  erecting 
buildings,  and  provided,  also,  where  persons  are  engaged  in  unload¬ 
ing  or  loading  railroad  cars,  they  may  occupy  half  the  street  with 
freight  while  so  engaged. 

Sec.  382.  It  shall  be  the  duty  of  the  police  constables,  or  other 
police  officer  on  duty  in  the  day-time,  to  observe  infractions  of  this 
chapter,  and  to  notify  the  proper  parties  to  remove  the  obstructions 
on  the  streets  or  avenues.  If  said  obstructions  are  not  removed 
within  twenty-four  hours  after  notice  has  been  given  as  above,  it 
shall  be  the  duty  of  the  said  police  constables,  or  other  officer,  to 
remove,  or  cause  to  be  removed,  the  same  to  some  convenient  place, 
and  to  require  the  owner  or  owners,  or  person  who  placed  or 
deposited  the  obstructions,  to  pay  the  expense  of  said  removal.  If 
such  person  cannot  be  found,  or  refuses  to  pay  such  expense,  it 
shall  be  lawful  for  said  policeman  to  sell  the  said  property  causing 
such  obstruction,  or  any  portion  thereof,  for  cash  to  the  highest 
bidder,  after  having  given  two  days’  notice  of  the  time  and  place 
of  such  sale,  by  posting  up  notices  in  three  public  places  in  said 
city.  After  deducting  costs  and  charges  for  his  trouble,  at  the 
rate  of  five  dollars  per  day  while  engaged  in  removing  and  selling 
the  same,  the  officer  shall  pay  the  balance  into  the  city  treasury. 

Sec.  383.  It  shall  not  be  lawful  for  any  person  or  persons  to 
place  or  deposit,  or  cause  to  be  placed  or  deposited,  on  any  of  the 
streets  or  avenues  of  the  city,  or  any  of  the  wharves  or  levees  of 
the  city,  any  decayed  vegetable  or  animal  matter,  or  any  matter  of 
offal  liable  to  decay;  and  every  person  or  persons  violating  the  pro¬ 
visions  of  this  section,  shall  forfeit  and  pay  to  the  city  a  sum  not 
less  than  ten  nor  more  than  fifty  dollars  for  each  and  every  offense. 

Sec.  384.  It  shall  not  be  lawful  for  any  person  to  deposit  upon 
the  plank  road,  upon  Levee  street,  materials  of  any  description  that 
will  obstruct  the  passage  of  vehicles,  to  a  greater  width  than  eight 
feet ;  nor  shall  any  dray,  wagon,  or  other  vehicle,  stand  upon  said 
plank  road,  except  while  engaged  in  loading  or  unloading,  for  a 
greater  length  of  time  than  ten  minutes ;  and  every  person  violat¬ 
ing  either  of  the  provisions  of  the  preceding  section,  shall  forfeit 
and  pay  not  less  than  three  dollars  nor  more  than  five  dollars. 


144 


ORDINANCE. 


Sec.  385.  It  shall  not  be  lawful  for  any  person  or  persons  to 
erect  and  maintain,  keep  or  cause  to  be  erected,  maintained  or  kept, 
any  showcase,  table,  stand,  or  structure,  for  the  purpose  of  selling 
fruits,  candies,  nuts,  cigars,  cutlery,  provisions,  or  merchandise,  on 
any  of  the  streets  or  sidewalks  in  the  city  of  Cairo ;  and  every 
person  violating  the  provisions  of  this  section  shall  forfeit  and  pay 
for  the  use  of  the  city  not  less  than  ten  nor  more  than  fifty  dollars 
for  each  offense  and  every  day  that  he,  she  or  they  shall  so  main¬ 
tain  or  keep,  or  cause  to  be  maintained  or  kept,  any  such  showcases, 
tables,  stands,  or  other  structure,  for  the  purpose  aforesaid.  The 
keeping,  having,  or  maintaining  of  any  such  showcase,  table,  stand, 
or  other  structure,  or  causing  or  procuring  the  same  to  be  done, 
shall  be  prima  facie  evidence  of  a  violation  of  the  provisions  of 
this  section. 


CHAPTER  XIX. 


SIDEWALKS  AND  CROSSWALKS. 


Section — 

386.  How  sidewalks  shall  be  constructed. 

387.  By  whom  ordered;  at  whose  ex¬ 

pense. 

388.  Person  under  whose  direction  side¬ 

walk  built,  to  report  accurately 
the  cost. 

389.  Publication  of  the  amount  for  which 


Section — 

each  lot  is  liable;  what  publica¬ 
tion  to  state. 

390.  Chapter  XV.  as  far  as  applicable  to 

apply. 

391.  When  sidewalk  ordered,  what  notice 

clerk  to  give. 

392.  When  side  and  crosswalks  not  built, 

Street  Committee  to  have  them 
constructed. 


Section  386.  *Sidewalks  hereafter  constructed  in  any  of  the 
streets  of  the  city,  shall  be  constructed  in  the  following  manner, 
viz. :  They  shall  be  six  feet  wide  on  the  top,  except  on  streets  or 
avenues  one  hundred  feet  wide,  where  they  shall  be  seven  feet  wide, 
the  head  or  top  covering  to  be  of  pine,  poplar  or  white  oak,  two 
inches  in  thickness,  and  not  more  than  ten  inches  in  width,  to  be 
laid  crosswise  with  the  sidewalk,  and  firmly  set  and  well  spiked  on 
to  white  or  burr  oak  stringers,  of  not  less  than  three  inches  thick 
by  six  inches  wide,  which  stringers  are  to  be  firmly  set  and  well 
spiked  on,  with  at  least  six  twentypenny  nails  in  each  board,  to 


ORDINANCE. 


145 


three  white  or  burr  oak  stringers  of  not  less  than  three  inches 
thick  by  six  inches  wide,  which  stringers  are  to  be  firmly  set  and 
well  spiked  on  to  white  or  burr  oak  sills,  not  less  than  three  inches 
wide  by  six  inches  thick,  placed  at  intervals  of  six  feet  crosswise  to 
said  sidewalks,  these  sidewalks,  at  street  crossings,  to  be  extended 
into  the  streets  till  they  meet  the  crosswalks.  The  crosswalks,  or 
street  crossings  should  be  composed  of  not  less  than  four  by  twelve 
inch  oak  plank,  thirty  feet  in  length,  on  streets  one  hundred  feet 
wide,  and  twenty  feet  long  on  other  streets.  All  sidewalks  and 
crosswalks,  excepting  those  on  Levee  street,  and  in  the  cross  streets 
leading  from  Levee  street  to  Commercial  avenue,  shall  be  laid  to 
the  grade  now  established,  as  the  grade  of  the  streets  of  the  city, 
and  where  it  is  necessary  to  elevate  the  sidewalk  to  bring  it  to  the 
grade  thus  established,  it  may  be  so  elevated  by  means  of  trestle 
work.  The  posts  of  the  trestlework  shall  be  of  white  or  burr  oak 
four  inches  square,  sunk  in  the  ground  two  feet  and  anchored  by  a 
board  two  feet  long  by  eight  inches  wide,  nailed  on  to  said  posts. 
When  the  sidewalk  is  elevated  above  the  ground  the  sills  or  cross 
ties  and  stringers  shall  be  placed  on  edge,  the  cross  ties  or  sills 
gained  or  morticed  into  the  posts  and  well  spiked  on,  and  the 
stringers  notched  on  to  the  cross  ties.  Where  the  trestlework  is 
over  three  feet  high  the  posts  shall  extend  two  feet  six  inches  above 
the  sidewalk,  and  a  hand  rail  nailed  on  them. 

Sec.  387.  The  construction  of  all  side  and  crosswalks  shall  be 
ordered  by  the  city  council,  and  when  so  ordered,  said  side  and 
crosswalk  may  be  constructed  by,  and  under  the  direction  and 
superintendence  of  such  person  or  persons  as  the  city  council  or 
street  committee  may  select,  and  the  expense  of  constructing  and 
repairing  said  sidewalks  and  crosswalks  shall  be  paid  by  the  owners 
or  holders  of  the  lots  or  part  of  lots  fronting  thereon,  and  the  cost 
of  the  crosswalks  shall  be  paid  by  owners  of  lots  on  each  side  of 
said  crosswalk,  to  the  extent  of  half  a  block  on  each  side,  an  equal 
portion  on  each  lot;  and  the  costs  of  constructing  the  same  may  be 
assessed  and  collected,  after  said  sidewalks  and  crosswalks  are  built 
as  provided  for  by  this  chapter  and  as  may  be  designated  by  tho 
city  council  or  street  committee. 

19 


146 


ORDINANCE. 


Sec.  888.  When  ordered  as  above,  if  not  otherwise  ordered  by 
the  city  council  or  street  committee,  the  person  under  whose  direc¬ 
tion  and  superintendence  the  construction  or  repairs  of  any  sidewalk 
and  crosswalk  shall  he  placed  by  the  city  council  or  street  com¬ 
mittee,  shall  keep  an  accurate  account  of  the  cost  of  such  sidewalk 
built  or  repaired  in  front  of  each  separate  lot,  and  he  shall,  as  soon 
as  the  same  may  he  completed,  report  such  costs  to  the  city  council, 
with  a  description  of  the  lot  in  front  of  which  said  sidewalk 
is  built  or  repaired,  and  the  name  of  the  owner  thereof,  if 
known.  If  a  sidewalk  shall  be  built  or  repaired  in  front  of 
several  contiguous  lots,  and  the  exact  cost  of  each  cannot  be  ascer¬ 
tained,  he  shall  apportion  the  cost  equitably,  as  near  as  may  be, 
to  each  lot. 

Sec.  389.  When  the  costs  and  expenses  of  constructing  or 
repairing  any  sidewalk  in  front  of  any  lot  shall  be  thus  reported 
to  the  city  council,  and  examined  and  approved  by  them,  the  city 
clerk  shall,  without  delay,  cause  to  be  published  in  the  newspaper 
publishing  the  ordinances  of  the  city,  a  list  of  the  lots  in  front  of 
which  sidewalks  have  been  built  or  repaired,  and  the  cost  for  which 
each  lot  is  liable,  and  the  publication  for  three  weeks  of  such  list 
and  costs  shall  be  deemed  a  sufficient  and  legal  notice  and  demand 
to  all  parties  interested  in  regard  to  the  matters  referred  to.  The 
said  publication  shall  require  the  payment  to  the  city  treasurer, 
within  thirty  days  after  the  first  publication  of  the  notice  of  the 
amount  so  expended  on  such  sidewalk,  and  if  such  payment  be  not 
made  within  said  thirty  days,  the  city  treasurer  shall  make  out  a 
list  of  such  delinquent  lots,  stating  the  amounts  unpaid  (if  any)  on 
account  of  the  money  expended  for  the  construction  or  repairs  of 
the  sidewalk  or  crosswalk,  whereupon  the  city  council  shall  make 
an  order  directing  the  city  assessor  and  collector  to  apply  for  a 
judgment  to  the  county  court  of  Alexander  county  against  such 
delinquents,  and  shall  proceed  to  sell  the  premises  as  delinquent 
lands  are  sold  for  taxes  under  the  State  laws. 

Sec.  390.  Except,  as  herein  otherwise  provided  for,  the  pro¬ 
visions  of  chapter  XV.,  entitled  “  Revenue,”  so  far  as  they  are 
applicable,  shall  regulate  and  govern  the  collection  of,  and  in  all 


ORDINANCE. 


147 


proceedings  in  reference  to  assessments  of  taxes  for  defraying  tlie 
expenses  of  construction  or  repairs  of  sidewalks. 

Sec.  391.  When  sidewalks  are  ordered  by  the  city  council  to 
be  constructed  as  provided  by  section  four  of  this  chapter,  it  shall 
be  the  duty  of  the  city  clerk  to  give  four  weeks’  notice  of  such 
order  by  publication  in  the  newspaper  publishing  the  ordinances  of 
the  city,  and  for  forty  days  after  the  first  day  of  such  publication 
the  owner  or  occupant  of  lots  fronting  on  such  proposed  sidewalks 
shall  have  the  right  and  privilege  to  construct  such  portions  of  said 
sidewalks  as  may  be  in  front  of  his,  her,  or  their  lots,  the  same  to 
be  constructed  under  the  direction  of  the  city  engineer,  and  to  be 
in  accordance  with  the  city  ordinances. 

Sec.  392.  If  sidewalks  which  have  been  ordered  by  the  city 
council  to  be  constructed,  shall  not  be  so  constructed  by  the  owners 
or  occupants  of  lots  fronting  on  the  same,  within  the  time  speci¬ 
fied  in  the  preceding  sections,  and  be  received  and  accepted  by  the 
city  engineer,  the  street  committee  shall  proceed  to  have  said  side 
and  crosswalk  constructed  as  hereinbefore  provided. 

/ 


CHAPTER  XX. 

SAYING  CLAUSE. 

•  Section  393.  Saving  Clause. 

Section  393.  All  ordinances  or  parts  of  ordinances  inconsis¬ 
tent  with  the  provisions  of  the  ordinance  herewith  printed  and 
now  adopted,  are  hereby  repealed :  Provided ,  however,  that  such 
repeal  shall  in  no  wise  affect  or  invalidate  any  act  done,  right  and 
obligation  accrued,  offense  committed,  penalty  incurred,  or  prosecu¬ 
tion  or  proceeding  commenced,  before  the  date  of  the  publication 
hereof,  but  that  all  such  acts,  rights,  obligations,  oflenses,  penalties, 
prosecutions  and  proceedings  shall  be  and  remain  in  the  same 
condition,  and  of  the  same  force,  in  all  respects,  as  if  this  ordi¬ 
nance  had  not  been  passed. 


' 


' 


'  •  • 


* 


PART  THIRD. 


APPENDIX. 

ELECTION  LAWS. 

AN  ACT  to  Provide  eor  Ascertaining  the  Qualifications 
of  Voters  and  to  Prevent  Fraudulent  Voting. 

Whereas,  The  right  of  suffrage  is  the  highest  privilege  of  the 
citizen,  and  should  be  guarded  with  proper  vigilance  against 
intrusion  and  fraud  :  for  the  purpose,  therefore,  of  ascertaining 
the  persons  who  may  be  entitled  to  vote  at  the  several  elections 
held  under  the  laws  of  this  State,  and  to  prevent  illegal  voting 
thereat :  _ 

Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in 
the  General  Assembly : 

Section  1.  That  to  constitute  residence,  under  the  constitution 
and  election  laws  of  this  State,  a  permanent  abode  is  necessary;  and 
all  elections,  general  or  special,  held  in  any  town,  city,  district  or 
ward,  every  person  offering  to  vote  who  is  not  personally  known  to 
the  judges  and  inspectors  of  election  to  have  such  permanent  abode 
and  to  have  resided  in  such  election  district  for  the  space  of  sixty 
days  immediately  preceding  such  election,  shall,  if  his  vote  be 
challenged,  take  the  oath  now  required  by  law,  and  in  addition 
thereto  swear  or  affirm  to  his  place  of  residence,  specifying  the 
particular  place  and  house  in  which  he  resides,  and  stating  how 
long  he  has  there  resided,  and  his  business  or  employment ;  and  if 
he  has  not  resided  in  such  house  for  sixty  days  immediately  pre¬ 
ceding  such  election,  he  shall  state  where  and  in  what  house  he  has 
resided  for  the  last  sixty  days ;  and,  in  addition  thereto,  such  voter 
so  challenged  shall  be  required  to  produce  two  witnesses,  both  of 
whom  are  personally  known  to  said  judges  of  said  election  and 
resident  in  the  precinct,  district  or  ward,  or  shall  be  proved  by 
some  legal  voter  or  voters  of  the  precinct  or  district  in  which  such 
vote  is  offered  to  be  voted  therein,  who  shall  be  known  to  said 


150 


APPENDIX. 


judges,  and  each  of  whom  shall  take  the  following  oath,  to  be 
administered  by  one  of  the  judges  of  such  election : 

“  I  do  solemnly  swear,  (or  affirm,  as  the  case  may  be),  that  I  am 
a  resident  of  this  election  district  and  entitled  to  vote  at  this  elec¬ 
tion,  and  that  I  have  been  a  resident  of  this  election  district  for 
one  year  last  past,  and  that  I  am  well  acquainted  with  the  voter 
whose  vote  is  now  offered  ;  that  he  is  an  actual  and  bona  fide  resi¬ 
dent  of  this  election  district,  and  that  he  has  resided  in  this  State 
for  one  year  last  past.” 

Sec.  2.  If  any  judge  of  any  election  shall  permit  any  voter  to 
vote,  whose  vote  is  so  challenged,  without  the  proof  required  in  the 
first  section  of  this  act,  or  shall  knowingly  and  willfully  permit  any 
person  to  testify  as  a  witness  contrary  to  the  provisions  of  this  act, 
he  shall  be  deemed  guilty  of  high  misdemeanor,  and,  on  conviction 
thereof,  shall  be  fined  in  the  sum  of  one  thousand  dollars  and 
imprisoned  in  the  county  jail  for  six  months. 

Sec.  3.  If  any  witness  or  voter,  whose  vote  is  so  challenged, 
and  sworn  under  the  provisions  of  this  act,  shall,  knowingly,  will¬ 
fully  and  corruptly  swear  falsely,  he  shall  be  deemed  guilty  of 
perjury,  and  on  conviction  thereof,  imprisoned  in  the  penitentiary 
for  any  time  not  less  than  three  nor  more  than  twenty-one  years. 

Sec.  4.  If  any  person  shall  vote  more  than  once  at  any  election 
held  under  the  authority  of  the  laws  of  this  State,  or  shall  vote  at 
any  such  election,  who  is  not  a  qualified  voter  at  the  place  where  he 
so  votes,  or  shall  offer  to  vote  after  having  once  voted  at  such  elec¬ 
tion,  he  shall,  on  conviction  thereof,  be  confined  in  the  penitentiary 
for  any  term  not  less  than  one  nor  more  than  five  years. 

Sec.  5.  At  all  elections,  general  or  special,  in  this  State,  where 
the  vote  is  by  ballot,  if  the  judges  of  election  are  satisfied,  under 
the  provisions  of  this  act  and  the  other  laws  of  this  State  relating 
to  elections,  that  the  person  offering  the  vote  is  a  legal  voter,  he 
shall  indorse  on  the  back  of  the  ticket  offered,  the  number  corres¬ 
ponding  with  the  number  of  the  voter  on  the  poll  book,  and  put 
said  ticket  immediately  in  the  ballot  box,  and  the  clerks  of  the 
election  shall  enter  the  name  of  the  voter  and  his  number  in  the 
poll  book. 

Sec.  6.  At  the  close  of  the  polls  the  poll  books  shall  be  signed 
by  the  judges  and  attested  by  the  clerks;  the  names  therein  con¬ 
tained  shall  then  be  counted,  and  the  number  set  down  at  the  foot 
of  the  poll  books. 

^Sec.  7.  After  the  ballots  counted  by  the  judges  of  election 
shall,  after  being  read,  be  strung  upon  a  strong  thread  or  twine,  in 
the  order  in  which  they  have  been  read,  and  shall  then  be  carefully 
enveloped  and  sealed  up  by  the  judges,  who  shall  direct  the  same 
to  the  officer  or  officers  to  whom  by  law  they  are  required  to  return 
the  poll  books,  and  shall  be  delivered,  together  with  said  poll  books, 
to  said  officer  or  officers,  who  shall  carefully  preserve  said  ballots 


APPENDIX. 


151 


for  six  months,  and  at  the  expiration  of  that  time  shall  destroy 
them  ;  and  in  all  cases  of  contested  election,  the  parties  contesting 
the  same  shall  have  the  right  to  have  the  said  package  of  ballots 
opened,  and  said  ballots  referred  to  by  witnesses  for  the  purpose  of 
such  contest;  but  said  ballots  shall  only  be  so  examined  and 
referred  to  in  the  presence  of  the  officer  having  the  custody  thereof. 

Sec.  8.  The  provisions  of  this  act  shall  apply  to  all  general 
and  special  elections  hereafter  held  in  this  State,  whether  for  gen¬ 
eral,  town,  municipal  or  other  officers ;  and  no  person  shall  be 
considered,  under  any  circumstances,  as  having  a  residence  in  any 
ward  or  election  district  or  precinct,  unless  he  shall  have  had  a 
permanent  abode  therein  for  at  least  thirty  days  immediately  pre¬ 
ceding  such  election. 

Sec.  9.  No  liquor  or  other  intoxicating  drinks  shall  be  sold  or 
given  away,  at  retail,  nor  shall  any  bar  room  or  place  where  liquor 
or  intoxicating  drinks  are  sold  at  retail  be  open  upon  such  election 
day;  and  it  shall  be  the  duty  of  the  sheriff,  constable,  public 
officers  and  magistrates  to  see  that  the  provisions  of  this  section  are 
enforced ;  and  any  violation  of  its  provisions  shall  be  prosecuted 
and  punished  in  the  same  manner  and  to  the  same  extent  as  the 
keeping  of  tippling  houses  open  upon  Sunday,  or  the  first  day  of 
the  week,  is  now  punished  by  law. 

Sec.  10.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  February  22,  1861. 


AN  ACT  for  the  Registry  of  Electors  and  to  Prevent 

Fraudulent  Voting. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in 

the  General  Assembly  : 

Section  1.  That  the  persons  authorized  by  law,  or  appointed 
pursuant  to  any  town  or  city  ordinance,  to  act  as  judges  or  inspectors 
of  elections  in  any  town,  city,  or  ward,  or  other  election  district  or 
precinct,  in  this  State,  (except  the  moderator  of  the  town  meeting 
in  towns  adopting  township  organization,)  shall  constitute  a  “  board 
of  registry,”  for  their  respective  towns,  cities,  wards,  districts,  or 
precincts,  and  shall  meet  on  Tuesday,  three  weeks  preceding  any 
state,  county,  city,  or  town  election,  (except  u  town  meetings”  in 
towns  adopting  the  township  organization  law,)  at  nine  o’clock  A.  M., 
and  proceed  to  make  a  list,  as  hereinafter  prescribed,  of  all  persons 
qualified  and  entitled  to  vote  at  the  ensuing  election  in  the  election 
district  of  which  they  are  judges  or  inspectors  ;  which  list,  when 
completed,  shall  constitute  and  be  known  as  the  11  register  of 


152 


APPENDIX. 


electors”  of  said  election  district;  and  said  board  may  continue 
tlieir  session,  for  the  purpose  of  making  said  list,  two  days,  if 
necessary  :  Provided ,  that  at  the  last  election  in  said  district, 
prior  to  said  meeting,  the  number  of  votes  cast  in  said  district 
esceeded  two  hundred. 

Sec.  2.  Said  registers  shall  each  contain  a  list  of  the  persons 
so  qualified  and  entitled  to  vote  in  said  election  district,  alphabet¬ 
ically  arranged,  according  to  their  respective  surnames,  so  as  to 
show,  in  one  column,  the  name  at  full  length,  and  in  another 
column,  in  cities,  the  residence,  by  the  number  of  the  dwelling,  if 
there  be  a  number,  and  the  name  of  the  street  or  other  location  of 
the  dwelling  place  of  each  person.  It  shall  be  the  duty  of  said 
board  to  enter  in  said  lists  the  names  of  all  persons,  residing  in 
their  election  district,  whose  name  appears  on  the  poll  list  kept  in 
said  district  at  the  last  preceding  election  ;  in  cities  the  number  of 
the  dwelling  and  name  of  the  street  or  other  location,  if  the  same 
shall  be  known  to  or  can  be  ascertained  by  such  board  ;  and  for 
this  purpose,  said  board  are  authorized  to  take  from  the  office  in 
which  they  are  filed,  the  poll  lists  made  and  filed  by  the  judges 
or  inspectors  of  such  district  at  the  election  held  next  prior  to  the 
making  of  such  register.  In  making  said  list,  the  board  shall  enter 
thereon,  in  addition  to  the  names  on  the  poll  list,  the  names  of  all 
other  persons  who  are  well  known  to  them  to  be  electors  in  said 
district ;  and  the  names  of  all  persons  on  the  poll  list  who  have 
died,  or  removed  from  the  district,  shall  be  omitted  from  said 
register.  The  said  board  shall  complete,  as  far  as  practicable,  the 
said  register  on  the  day  of  their  meeting  aforesaid,  and  shall  make 
four  copies  thereof,  and  certify  the  register  and  each  of  the  copies 
to  be  a  true  list  of  the  voters  in  their  district,  so  far  as  the  same 
are  known  to  them.  Within  two  days  thereafter,  the  said  original 
list,  together  with  the  list  taken  from  the  office,  as  aforesaid,  shall 
be  filed  by  said  board  in  the  office  of  the  town  clerk  of  the  town 
in  which  said  election  district  may  be  ;  but  in  counties  not 'adopting 
township  organization,  said  list  shall  be  filed  with  the  judges  or 
inspectors  of  election  of  the  proper  district,  or  if  such  election  dis¬ 
trict  is  in  a  city,  then  it  shall  be  filed  in  the  office  of  the  city  clerk 
of  said  city;  and  one  copy  of  said  list  shall  be  kept  by  each  of  said 
judges  or  inspectors,  and  carefully  preserved  by  him  for  their  use  on 
the  day  or  days  hereinafter  mentioned,  for  the  revision  and  correc¬ 
tion  of  the  same.  One  copy  of  said  list  shall,  immediately  after  its 
completion,  be  posted  in  some  conspicuous  place  where  the  last 
preceding  election  in  said  district  was  held,  and  be  accessible  to 
any  elector  who  may  desire  to  examine  the  same  or  make  copies 
thereof.  Any  person  who  shall  take  down,  tear  down,  or  deface 
any  list  so  posted,  shall  be  deemed  guilty  of  misdemeanor,  and 
shall  be  punished  by  a  fine  of  fifty  dollars,  or  by  imprisonment  in 
the  county  jail  for  the  term  of  sixty  days,  or  by  both  fine  and 


APPENDIX. 


153 


imprisonment.  The  board  may,  in  their  discretion,  cause  printed 
copies  of  said  list  to  be  posted  up  in  such  places  as  they  may  direct, 
and  may  cause  the  same  to  be  published  in  some  newspaper  in  the 
county  in  which  such  district  is  situated,  at  an  expense  not  exceeding 
one  cent  for  each  name  on  said  list. 

Sec.  3.  In  case  a  new  election  district  shall  be  formed  by  the 
organization  of  a  new  town,  or  by  the  division  of  any  town  or 
ward,  or  the  incorporation  of  a  city  or  town,  the  judges  or  inspectors 
of  the  election  in  the  new  district  thus  formed  may  make  their 
registry  of  electors  on  the  day  prescribed  by  this  act,  in  such  man¬ 
ner  as  a  majority  of  them  may  direct,  and  for  that  purpose  may 
make  a  list,  or  cause  to  be  made,  a  certified  copy  of  the  poll  list  or 
lists  of  the  districts  in  which  such  new  district  is  situated,  or  they 
may  dispense  with  such  list  or  lists,  and  proceed  to  make  a  register 
of  electors  from  the  best  means  at  their  command.  Said  lists  shall 
only  embrace  the  names  of  such  persons  as  are  known  to  them  to 
be  electors  in  their  district,  and  shall  be  posted  up  and  copies 
thereof  made,  as  prescribed  in  the  preceding  section,  and  shall  be 
corrected  in  the  same  manner  that  other  lists  are  corrected. 

Sec.  4.  The  said  board  shall  again  meet  on  Tuesday  of  the 
week  preceding  the  said  elections,  in  their  respective  election  dis¬ 
tricts,  at  the  place  designated  for  holding  the  polls  of  the  election, 
for  the  purpose  of  revising,  correcting,  and  completing  said  lists, 
and  for  this  purpose,  in  cities,  they  shall  meet  at  eight  o’clock  in 
the  morning,  and  remain  in  session  until  nine  o’clock  P.  M.  of  that 
day,  and  the  day  following ;  and  in  other  districts  they  shall  meet 
at  nine  o’clock  in  the  morning,  and  remain  in  session  until  four 
o’clock  P.  M.  of  that  day. 

Sec.  5.  The  proceedings  of  said  board  shall  be  open,  and  all 
persons  residing  and  entitled  to  vote  in  said  district  shall  be  entitled 
to  be  heard  by  said  board  in  relation  to  corrections  or  additions  to 
said  register.  One  of  the  lists  so  kept  by  the  judges  or  inspectors, 
as  aforesaid,  shall  be  used  by  them  on  the  day  or  days  of  making 
corrections  or  additions,  for  the  purpose  of  completing  the  registry 
for  such  district. 

Sec.  6.  It  shall  be  the  duty  of  said  board,  at  their  meeting  for 
revising  and  correcting  said  lists,  to  erase  therefrom  the  name  of 
any  person  inserted  therein  who  shall  be  proved,  by  the  oath  of 
two  legal  voters  of  said  district,  to  the  satisfaction  of  said  board, 
to  be  non-resident  of  said  district,  or  otherwise  not  entitled  to  vote 
in  said  district,  at  the  election  then  next  to  be  held.  Any  elector 
residing  in  said  district,  and  entitled  to  vote  therein,  may  appear 
before  said  board  and  require  his  name  to  be  recorded  on  said 
alphabetical  list.  Any  person  so  requiring  his  name  to  be  so 
entered  on  said  lists,  shall  make  the  same  statement  as  to  the  street 
and  number  thereof,  and  where  he  resides,  required  by  the  pro¬ 
visions  of  this  act  of  persons  offering  their  votes  at  elections,  and 

20 


154 


APPENDIX. 


shall  be  subject  to  the  same  penalties  for  refusing  to  give  such 
information,  or  for  falsely  giving  the  same,  and  shall  also  be  subject 
to  challenge,  either  by  the  judges  or  inspectors,  or  either  of  them, 
or  by  any  other  elector  whose  name  appears  on  said  alphabetical 
list*  and  the  same  oaths  maybe  administered  by  the  judges  or 
inspectors  as  now  provided  in  case  of  persons  offering  to  vote  at  an 
election,  and  in  case  no  challenge  is  made  of  any  person  requiring 
his  name  to  be  entered  on  said  alphabetical  list,  or  in  case  of  chal¬ 
lenge,  if  such  person  shall  make  oath  that  would  entitle  him  to 
vote  in  case  of  challenge  at  an  election,  then  the  name  of  any  such 
person  shall  be  added  to  the  alphabetical  poll  list  of  the  last  pre¬ 
ceding  year. 

Sec.  7.  After  said  lists  shall  have  been  fully  completed,  the  said 
board  shall,  within  three  days  thereafter,  cause  four  copies  of  the 
same  to  be  made,  each  of  which  shall  be  certified  by  them  to  be  a 
correct  list  of  the  voters  of  their  district  ’  one  of  which  shall  be 
filed  in  the  office  of  the  town  clerk  of  towns,  and  in  the  office  of 
city  clerks  in  cities  ;  and  one  of  which  copies  shall  be  delivered 
to  each  of  said  judges  or  inspectors.  It  shall  be  the  duty  of  the 
said  judges  or  inspectors  so  receiving  such  lists,  carefully  to  pre¬ 
serve  the  said  lists  for  their  use  on  election  day,  and  to  designate 
two  of  their  number,  at  the  opening  of  the  polls,  to  check  the 
name  of  every  voter  voting  in  such  district  whose  name  is  on  the 
register.  No  vote  shall  be  received  at  any  state,  county,  town  or 
city  election  in  this  State,  except  at  town  meetings  in  towns  adopt¬ 
ing  the  township  organization  law,  if  the  name  of  the  person 
offering  to  vote  be  not  on  the  said  register,  made  on  the  Tuesday 
or  Wednesday  preceding  the  election,  unless  the  person  offering 
to  vote  shall  furnish  to  the  judges  of  the  election  his  affidavit,  in 
writing,  stating  therein  that  he  is  an  inhabitant  of  said  district 
and  entitled  to  vote  therein  at  such  election,  and  prove  by  the  oath 
of  a  householder  and  registered  voter  of  the  district  in  which  he 
offers  his  vote,  that  he  knows  such  person  to  be  an  inhabitant  of 
the  district,  and  if  in  any  city,  giving  the  residence  of  such 
person  within  said  district.  The  oath  may  be  administered  by 
one  of  the  judges  or  inspectors  of  the  election,  at  the  poll  where 
the  vote  shall  be  offered,  or  by  any  other  person  authorized  to 
administer  oaths,  but  no  person  shall  be  authorized  to  receive 
compensation  for  administering  the  oath.  Said  oath  shall  be  pre¬ 
served  and  filed  in  the  office  of  the  town  or  city  clerk,  or  in  case 
there  be  no  clerk,  then  .said  oath  shall  be  filed  with  and  preserved 
by  the  judges  or  inspectors  of  the  proper  district.  Any  person 
may  [be]  challenged,  and  the  same  oaths  shall  be  put  as  now  are  or 
hereafter  may  be  prescribed  by  law. 

Sec.  8.  The  clerks  at  each  poll,  in  addition  to  the  duties  now 
prescribed  by  law,  shall  enter  on  the  poll  dist  kept  by  them,  in 
columns  prepared  for  that  purpose,  opposite  the  name  of  each 


APPENDIX. 


155 


person  voting,  the  same  statement  or  minute  as  hereinbefore 
required  of  the  board  in  making  the  registry;  but  such  entry  is 
not  to  be  made  by  them  if  the  registry  contains  correctly  the  name 
and  residence  of  such  voter ;  and  in  all  cases  said  clerk  shall  enter 
in  a  column  opposite  the  name  of  each  person  not  registered,  the 
words  u  not  registered.”  In  cities,  every  elector,  at  the  time  of 
offering  his  vote,  shall  truly  state  the  street  in  which  he  resides, 
and  if  the  house,  lodging  or  tenement  in  which  he  resides  is  num¬ 
bered,  the  number  thereof.  And  the  clerks  of  the  polls,  in  case 
the  name  of  such  elector  is  not  registered,  shall  truly  enter  in  the 
appropriate  column  of  the  poll  list,  opposite  the  name  of  the  elec¬ 
tor,  the  street  in  which  the  elector  resides,  and  the  number,  in 
case  the  house,  lodging  or  tenement  is  numbered;  and  if  the  same 
is  not  numbered,  then  the  clerk  shall  enter  “  not  numbered  ”  in 
the  column  of  the  poll  list  for  entering  the  number.  In  case  of 
refusal  to  make  the  statement  as  aforesaid,  the  vote  of  such  an 
elector  shall  not  be  received.  Any  person  who  shall  willfully  make 
any  false  statement  in  relation  thereto,  shall  be  deemed  guilty  of 
misdemeanor,  and  shall,  upon  conviction,  be  punished  with  a  fine 
of  fifty  dollars,  or  by  imprisonment  in  the  county  jail  in  the  county 
for  a»period  of  ten  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  9.  After  the  canvass  of  the  votes,  one  of  said  poll  lists 
and  said  register  so  kept  and  checked  as  aforesaid,  shall  be  attached 
together,  and  shall,  on  the  following  day,  be  filed  in  the  town  or 
city  clerk’s  office  (as  the  case  may  be)  in  which  said  district  may 
be,  or  in  case  there  be  no  such  clerk  then  such  poll  lists  and  reg¬ 
ister  shall  be  filed  with  and  preserved  by  the  judges  or  inspectors 
to  be  used  by  the  board  of  registry  in  making  the  list  of  voters  at 
the  next  election;  and  the  other  of  said  poll  lists  and  registers,  so 
kept  and  checked,  (except  in  town  and  city  elections,)  shall  be 
returned  to  the  office  of  the  county  clerk  of  the  county  in  which 
said  district  may  be,  at  the  same  time  the  returns  of  the  election 
are  made. 

Sec.  10.  The  said  board  may,  if  necessary,  on  the  day  or  days 
of  the  making  and  of  the  corrections  of  such  lists,  appoint  a  clerk 
to  assist  them  in  the  discharge  of  their  duties  required  by  this 
act ;  and  the  same  oath  shall  be  taken  by  such  clerk  as  is  required 
by  law  of  clerks  of  the  polls  or  of  elections. 

Sec.  11.  The  registers  shall  at  all  times  be  open  to  public 
inspection,  at  the  office  of  the  authorities  in  which  they  shall  be 
deposited,  without  charge.  , 

Sec.  12.  The  members  of  the  board  of  registration  and  their 
clerks  shall  each  receive  the  same  compensation  as  is  now  allowed 
by  law  for  judges  or  inspectors  of  election,  for  each  day  actually 
employed  in  the  making  and  completion  of  the  registry,  to  be  paid1 
to  them  at  the  time  and  in  the  manner  in  which  they  are  paid  their 
other  fees. 


156 


APPENDIX. 


Sec.  13.  The  said  board  shall  have  and  exercise  the  same  power 
in  preserving  order  at  their  meetings,  under  this  act,  as  are  given 
to  judges  or  inspectors  of  elections  for  preserving  order  on  election 
days;  and  vacancies  in  said  board  shall  be  filled  in  the  same  man¬ 
ner  that  vacancies  are  now  filled  at  elections. 

Sec.  14.  Any  person  who  shall  cause  his  name  to  be  registered 
in  more  than  one  election  district,  or  who  shall  cause  his  name  to 
be  registered  knowing  that  he  is  not  a  qualified  voter  in  the  district 
where  said  registry  is  made,  or  who  shall  falsely  personate  any  reg¬ 
istered  voter,  and  any  person  causing,  aiding  or  abetting  any  person, 
in  any  manner,  in  either  of  said  acts,  shall  be  punished,  for  each 
and  every  offense,  by  imprisonment  in  the  state  prison  for  not  less 
than  one  year.  All  intentional  false  swearing  before  said  board  of 
registration  shall  be  deemed  willful  and  corrupt  perjury,  and  on 
conviction,  punished  as  such.  If  any  member  or  officer  of  said 
board  shall  willfully  violate  any  of  the  provisions  of  this  act,  or  be 
guilty  of  any  fraud  in  the  execution  of  the  duties  of  his  office,  he 
shall  be  punished  for  each  and  every  offense  by  imprisonment  in 
the  state  prison  for  not  less  than  one  year. 

Sec.  15.  An  act  entitled  “An  act  to  prevent  illegal  voting  at 
elections,”  approved  February  21,  1861,  and  an  act  entitled  #“ An 
act  to  provide  for  ascertaining  the  qualification  of  voters,  and  to 
prevent  fraudulent  voting,”  approved  February  22,  1861,  be  and 
the  same  are  hereby  amended  by  striking  out  the  words  “  sixty 
days ”  in  said  acts  wherever  the  same  occur,  and  inserting  in  the 
place  thereof,  the  words  “ thirty  days” 

Sec.  16.  Section  five  of  an  act  entitled  “An  act  to  provide  for 
ascertaining  the  qualifications  of  voters,  and  to  prevent  fraudulent 
voting,”  approved  February  22,  1861,  shall  be  construed  so  as  to 
require  the  number  to  be  indorsed  by  the  judges  or  inspectors  of 
election  on  every  ballot  cast,  and  in  all  elections,  general  or  special, 
in  pursuance  of  any  law  of  this  State.  After  the  opening  of  the 
polls  no  adjournment  shall  be  had,  nor  shall  any  recess  be  taken 
until  all  the  votes  cast  at  such  election  shall  have  been  counted  and 
the  result  publicly  announced  :  Provided ,  that  judges  and  inspec¬ 
tors  of  elections  shall  each  be  allowed  the  sum  of  two  dollars  for 
each  and  every  days’  service  by  them  performed  under  the  require¬ 
ments  of  this  act. 

Sec.  17.  The  secretary  of  state  shall  cause  this  law  to  be  printed 
in  pamphlet  form,  with  suitable  forms  and  instructions  for  carrying ' 
it  into  effect,  together  with  the  general  election  law  of  the  State, 
and  a  sufficient  number  of  copies  thereof  sent  to  each  county  clerk 
in  every  county  in  this  State  to  supply  each  of  the  officers  named 
in  this  act  with  a  copy.  And  it  shall  be  the  duty  of  each  of  said 
clerks  to  immediately  transmit  a  copy  of  the  same  to  each  of  the 
judges  or  inspectors  of  election  in  his  county. 

Sec.  18.  The  necessary  blanks  for  making  the  registers  required 


APPENDIX. 


157 


by  law  shall  be  prepared  by  the  secretary  of  state,  and  transmitted 
to  thfe  persons  entitled  to  receive  them,  in  the  same  manner  that 
blank  returns  of  elections  are  now  transmitted. 

Sec.  19.  Nothing  contained  in  this  act  shall  be  construed  in 
any  manner  to  affect  the  provisions  of  any  act  that  has  been  or  may 
be  passed  at  the  present  session  of  the  general  assembly,  to  enable 
the  qualified  electors  of  this  State,  absent  therefrom,  in  the  military 
service  of  the  United  States,  in  the  army  or  navy  thereof,  to  vote. 

Sec.  20.  This  act  shall  be  in  force  from  and  after  its  passage. 
Approved  February  15,  1865. 


EVIDENCE. 

EXTRACT  from  Chapter  XL.,  Entitled  “  Evidence  and 
Depositions.” — Revised  Statutes  of  1865. 

Section  9.  Copies  of  all  papers,  books,  or  proceedings,  or  parts 
thereof,  appertaining  to  transactions  in  their  corporate  capacity  of 
any  town  or  city  heretofore  incorporated,  or  now  incorporated,  or 
that  may  hereafter  be  incorporated,  under  a  general  or  special  law 
of  this  State,  certified  to  be  true  copies  by  the  clerk,  or  the  keeper 
of  the  same,  under  the  seal  of  said  town  or  city,  or  under  the  pri¬ 
vate  seal  of  said  clerk  or  keeper,  if  there  be  no  public  seal — the 
said  clerk  or  keeper  also  certifying  that  he  is  intrusted  with  the 
safe  keeping  of  the  originals  of  which  he  gives  certified  copies — 
shall  be  received  as  prima  facie  evidence  of  the  facts  so  certified, 
in  all  the  courts  of  this  State,  in  any  suit  or  proceeding  pending 
before  them. 


ILLINOIS  CENTRAL  RAILROAD. 

(EXTRACT  from  charter.) 

Section  21.  The  corporate  authorities  of  any  city  or  cities  on 
the  line  of  said  road,  or  branches,  or  at  either  terminus  thereof,  or 
any  owner  or  owners  of  property  in  any  such  city,  or  any  associa¬ 
tion  of  citizens  duly  authorized  by  any  such  corporation,  shall  have 
power  to  lay  down  or  construct  a  track  or  railroad,  along  any  of 


158 


APPENDIX. 


the  streets  of  any  such  cities,  for  the  purpose  of  conveying  property 
to  and  from  said  railroad,  which  may  he  consigned  to  any  of  the 
warehousemen  in  any  of  said  cities ;  that  said  track,  or  railroad 
(under  the  direction  of  said  company),  may  intersect  the  track  of 
said  railroad  company  at  or  near  the  main  depot  in  said  cities, 
respectively ;  and  said  company  shall,  at  all  times,  permit  the 
owners  or  consignees  of  property  in  such  cities  to  take  the  cars 
containing  the  property  to  them  consigned,  to  their  respective 
warehouses  upon  said  track  :  Provided,  that  any  car  so  taken  shall 
be  returned  without  any  unnecessary  delay;  and  provided  further, 
that  whenever  it  shall  be  necessary,  for  the  convenience  of  the 
public,  or  persons  receiving  or  sending  property  by  said  railroad, 
the  said  company  shall  permit  side-tracks  to  intersect  their  main 
road  at  any  depot  on  or  along  the  line  of  said  road  ;  and  that  such 
persons  shall  be  entitled  to  have  any  property  taken  from  such 
side-tracks,  under  the  directions  and  regulations  of  said  company, 
without  unreasonable  delay  ;  and  for  the  non-performance  by  said 
company'of  any  act  of  this  proviso  required  to  be  done,  said  com¬ 
pany  shall  forfeit  and  pay  to  the  party  aggrieved  the  sum  of  fifty 
dollars,  in  each  case,  to  be  recovered  in  an  action  of  debt,  before 
any  justice  of  the  peace,  or  any  court  having  jurisdiction  thereof. 
Approved,  February  10,  1851. 


JUDGMENT  ON  TAX  LIST. 


Section  1.  That  in  all  cases  where  taxes  assessed  on  real  estate 
by  the  corporate  authorities  of  any  city  or  town  in  this  State, 
except  in  the  city  of  Chicago,  are  not  paid  within  the  time  fixed 
by  the  corporate  authorities  of  any  such  city  or  town,  it  shall  be 
lawful  for  the  collector  of  any  such  city  or  town,  after  giving  notice 
of  such  application  by  advertisement,  at  least  thirty  days  previously 
to  such  application,  in  some  newspaper  published  in  said  town  or 
city,  or  if  no  newspaper  should  be  published  in  said  town  or  city, 
then  by  posting  up  printed  or  written  notices  of  such  intended 
application,  in  at  least  four  of  the  most  public  places  in  such  town 
or  city,  to  apply  to  the  county  court  of  the  county  in  which  such 
delinquent  real  estate  may  be  situated,  and  cause  judgment  to  be 
entered  against  such  delinquent  real  estate  for  the  amount  of  taxes 
due  and  unpaid  and  costs.  And  the  said  county  court  shall  pro¬ 
ceed  to  hear  and  determine  said  application,  and  render  judgment 
against  said  delinquent  real  estate  in  the  same  manner,  and  said 
judgment  shall  have  the  like  effect,  as  though  said  delinquent  list 


APPENDIX. 


159 


had  been  returned  to  the  county  court  by  the  sheriff  or  collector 
of  the  county,  in  the  collection  of  state  and  county  taxes.  And 
the  county  court  shall  issue  its  precept  or  order  to  the  collector  of 
said  city  or  town,  directing  him  to  sell  said  real  estate  at  public 
auction,  to  pay  said  delinquent  taxes  and  costs  :  Provided ,  that  the 
corporate  authorities  of  such  towns  or  cities  shall  have  full  power 
to  adopt  any  regulation  or  proceeding  they  may  deem  necessary  to 
carry  this  section  into  full  effect;  and  provided,  further,  that  the 
corporate  authorities  of  any  town  or  city  shall  have  power  to  fix  the 
time  of  such  application  to  the  county  court,  and  the  time  of  sale 
of  such  real  estate. 

Sec.  2.  In  all  cases  where  assessments  have  heretofore  been 
made,  or  where  assessments  may  hereafter  be  made,  by  the  corpo¬ 
rate  authorities  of  an}^  town  or  city  in  this  State,  on  any  lot  or  real 
estate  in  such  town  or  city  for  the  purpose  of  improving  any  street, 
sidewalk  or  alley  in  front  of  such  lot  or  real  estate,  or  for  any  pur¬ 
pose  whatever,  either  by  ordinance,  resolution  or  other  proceeding, 
and  such  assessment  is  not  paid  within  the  time  fixed  by  the  order, 
resolution  or  ordinance  making  such  assessment,  the  corporate 
authorities  of  the  several  towns  and  cities  in  this  State  may  apply 
to  the  county  court  of  the  proper  county  for  judgment  against  said 
lot  or  real  estate  for  the  amount  of  said  assessment  and  costs ;  and 
the  county  eourt,  on  such  application  being  made,  shall  render 
judgment  against  such  lot  or  real  estate  for  the  amount  of  said 
assessment  and  costs,  and  shall  issue  its  precept  to  the  sheriff  of  the 
proper  county,  commanding  him  to  sell  said  lot  or  real  estate,  or  so 
much  thereof  as  may  be  necessary  to  pay  said  judgment  and  costs, 
in  the  same  manner  and  with  like  effect  as  if  sold  upon  execution 
at  law;  and  the  corporate  authorities  of  the  several  towns  or  cities 
shall  have  full  power  to  provide  by  resolution  or  ordinance  for  the 
making  or  levying  any  such  assessment,  and  they  shall  have  full 
power  to  fix  the  time  of  payment,  and  the  kind  and  time  of  notice 
of  such  assessment,  and  of  the  said  application  to  the  county  court ; 
and  the  corporate  authorities  of  any  town  or  city  shall  have  full 
and  complete  authority  to  adopt  any  rule,  regulation  or  proceeding 
which  they  may  deem  necessary  to  carry  the  provisions  of  this 
section  into  full  and  complete  effect. 

Sec.  3.  This  act  to  take  effect  from  and  after  its  passage. 
Approved,  March  1,  1854. 


160 


APPENDIX. 


POLICE  MAGISTRATES. 

AN  ACT  FOR  THE  BETTER  GOVERNMENT  OF  THE  TOWNS  AND 

Cities,  and  to  amend  the  Charters  thereof. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in 
the  General  Assembly: 

Section  1.  That  there  shall  be  established  in  each  of  the  cities 
of  this  State,  inferior  courts  of  civil  and  criminal  jurisdiction, 
which  shall  [be]  called  police  magistrates'  courts. 

Sec.  2.  That  there  shall  be  elected  in  each  of  the  incorporated 
towns  and  cities  of  this  State,  the  population  of  which  shall  not 
exceed  six  thousand,  an  officer  who  shall  be  styled  police  magistrate 

of  the  city  of - ,  or  town  of - ,  as  the  case  may  be ;  in 

each  city  of  this  State  having  a  population  of  over  six  thousand 
and  not  exceeding  twelve  thousand,  there  shall  be  elected  two  police 
magistrates;  and  in  the  cities  of  this  State  whose  population  shall 
exceed  twelve  thousand,  there  shall  be  elected  three  police  magis¬ 
trates.  Said  magistrates  shall  be  elected  by  the  legal  voters  of  such 
city  or  town  at  the  next  regular  election  for  city  or  town  officers, 
and  every  four  years  thereafter. 

Sec.  3.  Said  police  magistrates,  when  elected,  shall  be  commis¬ 
sioned  and  qualified  in  the  same  manner  as  justices  of  the  peace 
are,  and  shall  have  in  their  respective  counties  the  same  jurisdic¬ 
tion,  powers  and  emoluments  as  other  justices  of  the  peace  in  this 
State;  and  they  shall  also  have  jurisdiction  in  all  cases  arising 
under  the  ordinances  of  their  respective  towns  and  cities,  and  for 
any  breaches  thereof,  where  the  amount  claimed  shall  not  exceed 
one  hundred  dollars;  and  in  all  cases  arising  under  the  ordinances 
of  towns  and  cities,  said  magistrate  shall  be  entitled  to  the  same 
fees  as  justices  of  the  peace  now  are  for  similar  services,  and  to  be 
collected  in  the  same  manner :  Provided ,  the  city  or  town  authori¬ 
ties  of  any  such  town  or  city  may  make  such  additional  allowance 
to  such  police  magistrates  as  they  may  deem  just  and  expedient; 
and  in  all  cases  arising  under  the  ordinances  of  any  such  town  or 
city,  change  of  venue  shall  be  allowed  from  one  police  magistrate 
to  another,  in  cities  where  there  is  more  than  one  such  magistrate, 
and  in  all  other  towns  and  cities  from  such  police  magistrate  to  the 
nearest  justice  of  the  peace,  to  be  applied  for  in  the  same  manner, 
and  granted  on  the  same  conditions  and  in  the  same  manner  as 
changes  of  venue  from  justices  of  the  peace  now  are. 

Sec.  4.  The  rules  of  practice  and  proceeding  before  such  police 
magistrate  shall  conform  to  the  practice  and  proceedings  before 
justices  of  the  peace,  except  in  cases  where  such  rules  of  practice 


APPENDIX. 


161 


and  proceeding  shall  be  changed  or  modified  by  the  charter  of  such 
town  or  city;  in  which  case,  such  rules  of  practice  and  proceedings 
shall  conform  to  the  said  charters. 

Sec.  5.  The  city  marshals  of  such  towns  or  cities,  and  all  con¬ 
stables  of  the  county  in  which  said  town  Or  city  may  be  situated, 
and  all  the  town  or  police  constables  of  such  towns  or  cities  respect¬ 
ively,  shall  be  and  are  hereby  authorized  to  execute  all  process  and 
orders  issued  or  made  by  said  police  magistrates  in  their  respective 
counties. 

Sec.  6.  Appeals  shall  be  allowed  from  the  decision  of  police 
magistrates  in  all  cases,  to  be  applied  for  and  taken  in  the  same 
manner  that  appeals  from  justices  of  the  peace  may  be  taken. 

Sec.  7.  This  act  to  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  27,  1854. 


AN  ACT  TO  AMEND  AN  ACT  ENTITLED  “  An  ACT  FOR  THE 
better  Government  of  Towns  and  Cities,  and  to 

AMEND  THE  CHARTERS  THEREOF,”  APPROVED 

February  27,  1854. 


Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in 
the  General  Assembly: 

Section  1.  That  all  police  magistrates,  when  elected,  shall 
severally  hold  their  offices  for  the  term  of  four  years,  and  until  others 
are  elected  and  qualified ;  and  in  case  of  the  death,  resignation,  or 
removal  from  the  town  or  city  of  any  of  the  said  police  magistrates, 
their  offices  shall  be  deemed  thereby  vacated,  and  such  vacancies 
shall  be  filled  by  special  elections  for  that  purpose,  notified  and 
conducted  in  the  same  manner  as  is  now  provided  by  law  for  special 
elections  for  justices  of  the  peace. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  15,  1855, 


21 


162 


APPENDIX. 


\ 


AN  ACT  TO  AMEND  AN  ACT  ENTITLED  “An  ACT  FOR  THE 
better  (Government  of  Towns  and  Cities,  and  to 

AMEND  THE  CHARTERS  THEREOF,”  APPROVED'' 

February  27,  1854. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois, ,  represented  in 
the  General  Assembly  : 

Section  1.  That  so  much  of  said  act  as  requires  the  officers 
therein  named  to  be  elected  at  the  elections  of  officers  for  said 
towns  and  cities  for  the  year  A.  D.  1854,  be  and  is  hereby  so 
amended,  that  in  those  towns  and  cities  where  they  failed  to  elect 
said  officers  in  the  said  year  1854,  they  may  elect  them  at  the  elec¬ 
tions  to  be  held  therein  for  said  officers  in  any  subsequent  year. 

Sec.  2.  This  act  to  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  15,  1855. 


TOWNS  AND  CITIES. 

Section  1.  That  any  incorporated  town  or  city  in  this  State 
may  have  power  to  provide  by  ordinance  that  every  person  against 
whom  any  judgment  may  hereafter  be  recovered  in  favor  of  said 
town  or  city  for  a  penalty  or  fine  for  a  breach  of  any  ordinance, 
instead  of  being  committed  to  jail,  may  be  required  to  labor  on  the 
streets  until  the  whole  fine  and  costs  shall  be  paid,  at  the  same  rate 
per  day  as  may  be  allowed  as  a  forfeiture  for  a  failure  to  perform 
street  labor  under  the  direction  of  the  street  commissioner. 

t 

Sec.  2.  The  corporate  authorities  of  any  city  or  town  in  this 
State  may  have  power  to  declare  what  shall  be  a  nuisance,  and  to 
prevent  and  remove  the  same  as  much  as  one-half  mile  beyond  the 
limits  of  the  corporation ;  with  full  power  to  impose  a  fine  for  a 
violation  of  any  ordinance  to  that  effect. 

Sec.  3.  Whenever  it  may  be  necessary  to  pave  or  grade  any 
street  or  front  lots,  or  to  fill  up  or  alter  any  lot  that  may  be  declared 
to  be  a  nuisance,  said  corporate  authorities  may  have  power,  upon 
the  failure  of  the  owner  of  any  lot  to  pave,  grade  or  fill  up  said  lot, 
or  to  pay  the  taxes  or  fine  that  may  be  assessed  on  the  owner  or 
owners  thereof,  to  require  that  said  lot,  or  so  much  thereof  as  may 
be  necessary,  shall  be  sold  for  the  payment  of  the  tax  or  fine  and 


/ 


APPENDIX. 


1G3 


costs  in  the  manner  authorized  for  the  collection  of  other  taxes, 
and  all  assessments  so  made  shall  constitute  a  lien  on  said  lot. 

Sec.  4.  The  corporate  authorities  of  all  towns  and  cities  incor¬ 
porated  under  chapter  twenty-five,  entitled  u  Corporations’ ’  of  the 
revised  code,  or  under  any  special  act,  shall  have  power  to  pass  all 
the  ordinances  and  by-laws,  and  possess  all  the  powers  authorized 
under  the  laws  and  amendatory  acts  incorporating  either  of  the 
cities  of  Springfield  or  Quincy:  Provided ,  that  towns  containing  a 
population  of  less  than  fifteen  hundred  white  inhabitants,  shall 
have  no  other  officers,  or  allow  any  other  compensation  than  is 
allowed  under  chapter  twenty-five  of  the  revised  code,  unless 
expressly  authorized  by  law. 

Sec.  8.  The  inhabitants  of  any  town  or  city,  in  the  corporate 
name,  may  purchase,  receive  and  hold  real  estate  beyond  the  limits 
as  [of]  the  corporate  limits,  for  the  purpose  of  burying-grounds. 

'  Sec.  9.  Whenever  the  corporate  authorities  of  any  town  or  city 
may  wish  to  have  the  taxes,  authorized  to  be  levied  under  and  by 
virtue  of  their  respective  charters,  or  under  the  general  act,  upon 
filing  a  certificate  of  the  rate  authorized  under  the  authority  of  the 
said  corporation  in  the  office  of  the  clerk  of  the  county  court,  it 
shall  be  the  duty  of  the  collector  of  taxes  for  the  State  and  county 
to  collect  the  taxes  for  said  town  or  city,  upon  the  assessment  of 
the  value  of  all  the  property  within  the  limits  of  said  corporation, 
as  ascertained  by  the  assessment  for  State  and  county  purposes,  and 
enforce  the  payment  thereof  in  the  same  manner,  and  with  all  the 
rights,  power  and  authority  as  he  has  to  collect  State  and  county 
taxes,  and  shall  pay  the  same  over  to  the  order  of  the  corporate 
authorities  at  the  same  time  he  is  required  to  pay  over  the  county 
revenue;  and  the  court  of  the  proper  county  shall  render  judg¬ 
ment  and  order  sale  of  any  lot  or  tract  for  the  non-payment  of  the 
tax  and  cost  due  said  town  or  city,  as  is  or  may  be  provided  for 
state  and  county  taxes;  and  judgment  and  sale  shall  be  rendered 
for  the  agregate  amount  due  for  county,  state  and  town,  or  city 
taxes.  The  collector  shall  receive  the  same  compensation  for  col¬ 
lecting  the  taxes  for  any  town  or  city,  as  is  allowed  for  the  collec¬ 
tion  of  the  state  and  county  revenue,  to  be  paid  out  of  the  funds 
of  the  corporation,  and  he  shall  be  liable  on  his  bond  for  the  faith¬ 
ful  performance  of  the  duties  required  under  this  act. 

Sec.  10.  This  act  to  take  effect  from  and  after  its  passage. 
Approved  February  10,  1849. 


164 


APPENDIX. 


WARRANTS. 

Chapter  CVII. — Revised  Statutes  of  1845. 

Section  1.  In  all  cases  in  which  any  city  or  town  in  this  State 
shall  be  indebted  to  any  person,  or  persons,  on  any  account  what¬ 
soever,  a  warrant  or  voucher  shall  be  drawn  on  the  Treasurer  of 
such  city  or  town,  for  the  whole  amount  found  due  to  such  person 
by  the  tribunal  having  power  to  audit  and  allow  claims  against  such 
city  or  town ;  and  such  tribunal  shall  not,  in  any  case,  draw  more 
than  one  warrant  or  voucher  for  the  amount  allowed  to  one  indi¬ 
vidual  at  one  time. 

Sec.  2.  No  warrant  or  voucher,  drawn  on  the  Treasurer  of  any 
city  or  town,  shall  be  drawn  in  favor  of  any  other  person  than  the 
one  to  whom  the  same  may  be  due ;  and  such  warrant  or  voucher 
may  be  in  the  form  now  prescribed  by  law. 

Sec.  3.  No  Treasurer  of  any  city  or  town  in  this  State  shall 
pay  any  warrant  or  voucher  drawn  on  him,  unless  such  warrant  be 
presented  for  payment  by  the  person  in  whose  favor  such  warrant 
is  drawn,  or  his  assignee,  or  executor,  or  administrator. 

Sec.  4,  Any  officer  or  officers  of  any  town  or  city  that  shall  be 
guilty  of  violating  the  provisions  of  this  chapter,  shall  be  deemed 
guilty  of  a  misdemeanor  in  office  •  and  for  every  such  violation, 
shall  be  fined  in  a  sum  not  exceeding  five  hundred  dollars,  to  be 
recovered  by  indictment. 

Approved  March  3,  1845. 


INDEX 


ADJOURNMENT— 

May  be  had  from  day  to  day,  $  2. 

ALDERMEN— 

Pay  of,  $  50. 

Number  of,  $2,  Art.  II. 

Who  may  be,  $  3,  Art.  II. 

In  case  of  removal  from  ward,  §4,  Art.  II. 
How  divided  into  classes  after  first  meet¬ 
ing,  $ 5,  Art.  II. 

Cannot  fill  certain  offices,  when,  $  10,  Art. 
II. 

Number  of  stated  meetings  of,  $14,  Art.  II. 
When  may  be  appointed  Chairman,  $  17, 
Art.  III. 

Oath  of,  $12,  Art.  II. 

May  adjourn  from  day  to  day,  when,  $  1. 
What  number  of,  may  order  the  tearing 
down  of  a  building  at  fire,  when,  $  92. 

APPORTIONMENT— 

Of  Aldermen,  $  3,  Art.  IV. 

ASSESSMENTS— 

City  Council  may  prescribe,  $  1,  Art.  VI. 
When  shall  be  returned,  $  2,  Art.  VI. 

For  street  filling,  $  311. 

If  insufficient,  $  315. 

How  order  for  made,  $  311. 

How  collected,  $  311. 

For  side  and  crosswalks,  $  389. 

Are  a  lien,  $  4,  Art.  VI. 

Warrants  for,  how  signed,  $6,  Art.  VI. 
How  may  be  collected,  $  7,  Art.  VI. 

ASSESSOR  AND  COLLECTOR— 

How  and  for  what  time  appointed,  $  7. 
Bond  of,  $  8. 

Oath  of,  $8;  $10,  Art.  VI. 

Fees  of,  $  41. 

Duty  of,  in  relation  to  assessments  for  fill¬ 
ing  streets  and  sidewalks,  etc.,  $  311. 


When  to  assess  property,  $317. 

When  to  return  assessment  list,  $  2,  Art. VI. 

May  demand  lists  of  property,  $  318. 

If  list  of  property  refused,  $  319. 

If  owner  of  pi'operty  unknown,  $320. 

If  property  found  not  assessed  in  a  previ¬ 
ous  year,  $  34. 

When  his  assessment  list  corrected,  $324. 

How  to  collect  and  when  to  pay  over 
moneys,  $  329 ;  $  7,  Art.  VI. 

Default  of,  $  7,  Art.  VI. 

To  give  notice  of  collection,  $  330. 

How  to  advertise  delinquent  premises,  $  9, 
Art.  VI. 

If  payment  not  made  in  30  days,  $  331 ;  $  6, 
Art.  VI. 

How  sale  of  delinquent  lands  shall  be 
made,  $10,  Art.  IV. 

When  to  make  out  a  list  of  delinquents, 
$332. 

To  make  out  a  duplicate  report  of  tax 
sales,  $333;  $  10,  Art.  VI. 

May  carry  forward  taxes,  how,  $  335. 

Within  what  time  warrants  are  to  be  de¬ 
livered  to,  $  6,  Art.  VI. 

Has  the  same  power  as  Collector  collecting 
State  tax,  $  7,  Art.  VI. 

Fees  of  Collector  for  selling  delinquent 
lands,  $  10,  Art.  VI. 

AUCTION— 

City  Marshal  to  sell  rotten  houses  at.  when, 
$237. 

AUCTIONEERS— 

License  of,  $  139. 

May  appoint  a  Clerk,  $  139. 

Penalty  for  acting  without  license,  $  138. 

AWNINGS— 

How  to  be  erected,  $  238. 

Penalty  for  violation  of  section,  $  238. 


166 


INDEX. 


AYES  AND  NAYS— 

When,  g  9,  Art.  II. ;  g  6,  Art.  V. 

BAIL— 

Prisoner  may  give,  g  349. 

If  he  fails  to  appear,  forfeited,  g  350. 

BALLS  AND  CHAINS— 

When  Jailer  may  procure,  g  124. 

BANKERS  AND  BROKERS— 

License  for,  g  140. 

Penalty  for  violation  of  section,  g  140. 

BAWDY-HOUSES— 

A  nuisance,  g  233. 

Not  lawful  to  rent  tenement  for-,  g  234. 
When  notice  given  to  owner  of,  g  236. 

Eine  for  keeping  a,  g  239. 

BILLIARDS— 

License  for  keeping,  g  142. 

Penalty  for  violation  of  section,  g  143. 

BIRDS— 

Pine  for  killing,  etc.,  g  240. 

BOATS— 

License  for  keeping  saloon,  etc.,  on,  g  185. 

BOARD  OF  HEALTH— 

What  shall  be  and  authority  of,  g  300. 

BOARD  OP  PUBLIC  WORKS— 

(See  Public  Works.) 

BOUNDARIES— 

Of  city,  g  1,  Art.  I. ;  g  1  of  amendment  of 
1859. 

Of  wards,  g  4,  Art.  I. 

CITY  ATTORNEY- 
HOW  elected,  g  4. 

Duties  of,  gg  9, 11,  Art.  III. 

Additional  duties  in  relation  to  city  jail, 
gg  135, 131. 

To  attend  to  collection  of  fines  from  delin¬ 
quents,  at  street  labor,  g  377. 

CITY  CLERK— 

What  the  provision  of  charter  in  relation 
to,  g  8,  Art.  III. 

How  elected,  g  4. 

General  duties  of,  g  10,  Art.  III. 

Bond  of,  g  11. 

Office  of,  gl2. 

If  paper,  &c.,  lost  by,  g  13. 

Sign  of,  g  14. 

Any  person  abstracting  paper,  etc.,  from 
office,  g  15. 

Salary  of,  g  45. 

Fees  of,  g  45. 


Shall  prepare  notices  of  meeting  of  City 
Council,  g  1. 

To  provide  ballot  boxes,  g  56. 

To  make  sale  book,  g  66. 

Upon  receipt  of  certified  statement  from 
Judges  of  Election,  to  call  meeting  of 
City  Council,  g  64. 

Must  keep  a  license  book,  g  36. 

To  make  out  certificate  of  election,  when, 
g  65. 

Must  keep  register  bf  Pawnbroker,  g  162. 

Must  number  and  register  drays,  g  144. 

To  keep  a  register  of  wells,  g  291. 

To  make  out  orders  for  the  collection  of 
assessments  for  street  filling,  sidewalks, 
etc.,  g  311. 

How  to  record  assessment  lists,  g  5,  Art.  YI. ; 
g  328. 

To  certify  the  gross  amount  of  tax  assessed, 
g  334. 

To  give  four  weeks’  notice  of  order  and 
ordinance  to  build  side  and  crosswalks, 
g  391. 

Shall  issue  warrants  for  taxes,  form,  g  5, 
Art.  VI. 

To  sign  all  warrants,  g  6,  Art.  YI. 

Shall  keep  corporate  seal,  g  10,  Art.  III. 

To  enter  orders  for  collection  of  taxes 
levied,  g  3,  Art.  VI. 

Shall  keep  a  book  of  tax  sales,  g  11,  Art. 
YI. 

CITY  COUNCIL— 

When  shall  transact  business,  g  2. 

May  grant  leave  to  remove  ground  from 
streets,  g  380. 

Legislative  powers  of,  g  1,  Art.  Y .,  and 
amendments  of  1859,  1861  and  1863. 

When  to  meet  after  election,  g  64. 

Judge  of  qualifications  of  its  members, 
g  9,  Art.  II. 

To  keep  journal  of  proceedings,  g  6,  Art.  II. 

Publication  of  proceedings  of,  g  9,  Art.  II. 

May  order  removal  of  rotten  houses,  when, 
g  257. 

May  make  order  for  collection  of  assess¬ 
ments  for  street  filling  and  sidewalks, 
§311. 

May  correct  errors  of  assessment  lists, 
g  323;  g  2,  Art.  YI. 

Appeals  for  correction  of  assessments,  dis¬ 
posed  of  in  a  summary  manner,  g  326. 

Appeals  must  be  in  writing,  g  325. 

When  revised  shall  have  order  entered 
confirming  the  list  and  levy  taxes,  g  237 ; 
g  3,  Art.  YI. 


INDEX. 


167 


May  extend  the  time  within  which  assess¬ 
ments  shall  be  returned,  $  2,  Art.  VI. 

Shall  order  the  erection  of  side  or  cross 
walks,  when,  §  387. 

May  levy  an  assessment  for  side  and  cross 
walks,  §  389. 

Shall  have  power  to  keep  streets,  etc.,  etc. 
in  repair,  g  11,  Art.  V. 

Shall  have  published  a  statement  of 
finances,  §  2,  Art.  VII. 

May  appoint  all  the  city  officers  except 
Mayor,  §  9,  Art.  III. 

How  shall  appropriate  money,  g  3,  Art.  V. 

How  may  pass  ordinance  not  approved  by 
Mayor,  §  5,  Art.  V. 

Ordinances  if  not  returned  by  Mayor,  §  7, 
Art.  V. 

Style  of  ordinances,  §  8,  Art.  V. 

May  prescribe  form  of  assessment  list,  §  1, 

Art.  VI. 

May  make  rules  for  revising,  altering,  etc., 
of  the  same,  §  7,  Art.  VI. 

May  prescribe  powers,  liabilities,  etc.,  of 
assessor  and  collector,  §  7,  Art.  VI. 

To  direct  collector  and  assessor  to  sell 
delinquent  lands,  how,  §  8,  Art.  VI. 

city  comptroller- 

how  appointed,  g  16. 

Duties  of,  £  17. 

Additional  duties  of,  §  18. 

Bond  of,  g  16. 

Salary  of,  g  47. 

Duty  in  relation  to  market,  §  204. 

CITY  ENGINEER- 

HOW  appointed,  §  20. 

Duties  of,  g  21 ;  §  14,  Art.  III. 

Must  accept  sidewalk  built  by  owner,  $  391. 

Salary  of,  §  46. 

CITY  MARSHAL- 

HOW  elected,  g  4. 

Duties  of,  §  25  ;  \  13,  Art.  III. 

Special  duty  of,  §  25. 

Powers  of,  g  26 ;  g  13,  Art.  III. 

Bond  of,  §  29. 

Persons  resisting,  §  31. 

Bystanders,  when  disobeying,  g  32. 

Salary  of,  §  32. 

To  raze  wooden  buildings,  when,  §  105. 

To  visit  jail,  g  127. 

May  demand  to  inspect  pawnbrokers’ 
books,  §  164. 

Special  duty  in  relation  to  markets,  §  220. 

Duty  in  relation  to  streets,  §  382. 

Duty  in  relation  to  bawdy  houses,  §  236. 


To  remove  rotten  houses,  how  and  when, 
2237. 

To  collect  dog  tax  and  keep  register  of 
dogs,  g  249. 

To  kill  sluts  and  dogs,  when,  251,  4. 

Any  ond  hindering  him  in  killing  dogs,  etc., 
how  fined,  §  254. 

To  report  to  city  council  in  relation  to 
dogs,  when  and  what,  §  255. 

Duty  in  relation  to  gunpowder,  §  263. 

If  he  neglects  to  carry  out  provisions  in 
relation  to  gunpowder,  etc.,  g  264. 

To  post  up  notices  where  there  is  an  infec¬ 
tious  disease,  g  298. 

CITY  TREASURER— 

Duties  of,  g  33  ;  g  12,  Art  III. 

How  elected,  g  4. 

Accounts  of,  to  be  open  to  whom,  g  34. 
Must  cancel  orders,  etc.,  g  34. 

Bond  of,  g  35. 

Must  keep  distinct  accounts  of  what 
moneys,  g  36. 

Office  of,  g  37. 

Per  centage  of,  g  42. 

To  hold  moneys  arising  from  street  assess¬ 
ments  as  a  special  fund,  g  313. 

To  credit  assessor  and  collector  with  gross 
amount  of  taxes  forfeited,  g  334. 

CHIEF  ENGINEER— 

Has  control  of  fire  companies  at  fires,  g  48. 
Disobedience  to  orders  of,  g  89. 

CLERKS— 

Of  election,  g  54. 

Of  election,  pay  of,  g  72. 

COMMITTEE  ON  MARKETS— 

Duty  to  supply  market  master  with  sealed 
weights,  etc.,  g  223. 

COMMITTEE  ON  STREETS  AND  SIDE¬ 
WALKS— 

May  order  sidewalks  to  be  built,  when, 
g  392. 

CROSSWALKS— 

(See  Sidewalks.) 

CRUELTY  TOWARD  ANIMALS— 

How  punished,  g  249. 

S 

DEAD  ANIMALS— 

Bringing  into  city,  g  232. 

DEEDS— 

How  shall  be  executed  by  city,  g  338. 

May  be  made  to  the  holder  of  a  tax 
certificate,  g  339. 


168 


f 


INDEX. 


DEFAULTERS— 

Not  eligible  to  city  offices,  §  20,  Art.  III. 
DEPOSITIONS— 

When  may  be  read  before  a  police  magis¬ 
trate,  §  357. 

DISTRESS— 

For  taxes,  §  6,  Art.  YI. 

DISTURBANCES— 

Shouting,  hallooing,  etc.,  g  243. 

Using  obscene,  profane  language,  g  244. 
Disturbing  a  congregation,  etc.,  §  245. 
Disturbing  a  lawful  assembly,  school, 
church,  etc.,  §  246. 

Discharging  pistol,  etc.,  in  city,  g  247. 
Fines,  gg  243,  244,  245,  246,  247. 

DOGS— 

Sluts  running  during  heat,  g  251. 

Mayor  may  prohibit  running  of,  g  252. 
Under  age  of  six  months  exempt  from, 
§  254. 

Penalties,  gg  249,  250,  251,  252,  253,  254. 
DRAYS— 

Must  be  numbered,  g  152. 

License  for,  g  146. 

Penalty  for  neglect  to  take  out  license, 
§145. 

DRAYMEN— 

For  what  time  may  take  out  license,  g  147. 
Bond  of,  g  148. 

What  charges  may  make,  g  149. 

How  fined  for  violations,  g  151. 

DRUNKENNESS- 
HOW  punished,  g  256. 

ELECTION— 

Number  of  aldermen  to  be  elected,  g  1, 
Art.  IV. 

Of  mayor,  g  1,  Art.  IV. 

When,  g  52. 

Notice  of,  g  52. 

Where  polls  shall  be  opened,  g  73. 

Judges  of,  g  53. 

Qualifications  of  judges  of,  g  53. 

Clerks  of,  g  54. 

How  ballot  box  to  be  exhibited  before, 
§56. 

Judges  of  have  power  to  preserve  order  at, 
§58. 

Special  police  at,  g  57. 

Attempt  to  seize  ballot  box,  g  59. 

Void  if  ballot  box  seized  and  carried  away, 
§60. 


When  polls  shall  be  opened  at,  g  61. 
Counting  after,  g  62. 

What  done  with  ballots  and  poll  books 
after,  g  62. 

Judges  of  to  make  out  a  certificate  of,  g  63. 
City  clerk  to  call  meeting  of  mayor  and 
aldermen  in  relation  to,  when,  g  64. 

City  clerk  to  make  out  certificate  of,  g  65. 
City  clerk  to  make  out  poll  book,  g  66. 

Tie  at,  for  aldermen,  gg  67,  68  ;  g  13,  Art.  II . 
Tie  at,  for  mayor,  g  4,  Art.  III. 

When  election  of  mayor  or  alderman  con¬ 
tested,  g  5,  Art.  III. ;  g  69. 

Vacancies  filled,  how,  §70;  §6,  Art. 

III.;  g  11,  Art.  II. 

State  laws  to  apply,  g  71 ;  §6,  Art.  IV. 
First,  g  4,  Art.  IV. 

Subsequent,  g  5,  Art.  IV. 

Who  entitled  to  vote  at,  g  7,  Art.  IV. 

Not  to  be  held,  where,  g  8,  Art.  IV* 

No  person  to  be  arrested  at,  g  9,  Art.  IV. 

ENGINES  (FIRE)— 

Injuring  of,  g  95. 

FALSE  ALARMS— 

What  fine  for  giving,  g  260. 

FALSE  WEIGHTS  AND  MEASURES— 

The  use  of,  how  punished,  g  257. 

FAST  DRIVING- 
HOW  punished,  g  268. 

FEES— 

Of  city  clerk,  g  40. 

Of  police  constables,  g  45. 

Of  city  attorney,  g  42. 

•  Of  assessor  and  collector,  g  41. 

Of  city  treasurer,  g  42. 

Of  street  supervisor,  g  379. 

Of  market  master,  gg  221,  224. 

Of  collector  and  assessor  for  selling  delin¬ 
quent  lands,  g  10,  Art.  VI. 

FEMALES— 

Not  required  to  attend  before  a  police 
magistrate,  when,  g  358. 

FENCE— 

Fiue  for  erecting  in  street,  g  226. 

FIRES— 

General  regulation  in  relation  to,  g  74. 
Candles,  etc.,  liable  to  cause,  §75. 
Regulations  in  relation  to  ashes,  g  76. 
Regulations  in  relation  to  hay,  etc.,  g  77. 
Regulations  in  relation  to  shavings,  etc., 
§78. 


INDEX. 


1G9 


Regulations  in  relation  to  chimneys,  etc., 
§79. 

Regulations  in  relation  to  scuttles,  etc., 
§80. 

Negligence  so  as  to  cause,  how  punished, 

Placing  shavings  in  street  so  as  to  cause 
§  82. 

FIRE  DEPARTMENT— 

What  shall  he,  §  84. 

Chief  engieeer  of,  §  85. 

Assistant  engineer  of,  §  S6. 

Meeting  of  members  of,  §  87. 

Chief  engineer  supreme  at  fires,  §  89. 
When  chief  or  assistant  engineer  absent 
from  fire,  §  88. 

Disobedience  to  orders  of,  §§  89,  91. 

Chief  engineer,  etc.,  may  order  tearing 
down  of  a  building,  §  92. 

Injuring  fire  engines,  §  95. 

FIRE  LIMITS— 

What  the,  §  101. 

Wooden  houses  not  to  bo  erected  within, 

§102. 

Wooden  houses  not  to  be  enlarged  in,  or 
removed  into,  §  103. 

Violation  of,  by  owner  or  builder,  how  pun¬ 
ished,  §  104. 

FIRE  WARDENS— 

Salary  of,  §51. 

Duties  of,  §§73,  83,  99,  100. 

To  wear  badge  at  fire,  §  94. 

Must  repair  to  fire,  §  93. 

When  may  order  a  building  to  be  torn 
down,  together  with  aldermen,  §  92. 
How  appointed,  §99. 

FREEHOLDERS— 

Of  city,  not  incompetent  to  act  as  judges, 
jurors,  etc.,  when  city  a  party,  §  17,  Art. 
VII. 

GAMBLERS — 

IIow  fined,  §  259. 

GAMING  HOUSES— 

What  are,  and  fine  for  keeping,  §  258. 

GRADE— 

What  shall  be,  §  105. 

Of  certain  streets,  §  107. 

Of  sidewalks,  §108. 

GROCERIES,  SALOONS,  ETC.,  ETC. 

License  of,  §  182. 

Amount  of  license,  §183. 

License  paid  in  what  currency,  §183. 

22 


In  what  sums  license  money  to  be  paid, 
§183. 

For  what  term  license  granted,  §  184. 
What  license  must  say,  §  184. 

License  may  be  transferred,  §184. 

Saloons  to  be  closed  on  Suuday,  §  185. 
Mayor  may  order  closing  of,  §  186. 

For  what  money  arising  from  Saloon 
license  used,  §187. 

Penalty,  §§  181, 186. 

GUNPOWDER— 

If  kept  in  a  greater  quantity  than  twenty- 
five  pounds  anywhere  in  the  city,  what 
the  fine,  §261. 

Vessel  having  on  board,  §  262. 

Duty  of  City  Marshal  in  relation  to,  §263. 
If  City  Marshal  neglect  to  perform  duty, 
§264. 

The  word  “  Gunpowder  ”  to  be  painted, 
where,  §265. 

License  for  keeping,  §  153. 

Penalty,  §153. 

HARBOR— 

Steamboats  have  preference  for  landing 
at,  §111. 

What  wharfage  for  steamboats,  §112. 
What  wharfage  for  flat  boats,  etc.,  §  113. 
Deductions  for  regular  packets,  §114. 

Fine  if  auy  one  else  collect  wharfage,  §  115. 

HARBOR  MASTER— 

Office  of,  §  22. 

Salary  of,  §49. 

Duties  of,  §109. 

HITCHING  POSTS— 

How  to  be  placed,  and  where,  §  266. 

HOSPITAL— 

Board  of  Health  may  establish  a,  §302. 

INDECENT  CONDUCT— 

How  punished,  §  268. 

INFECTIOUS  DISEASES— 

Landing  persons  with,  §  295. 

Steamboat  Captain  concealing  the  tact  of, 
§297. 

Persons  having,  to  remain  at  home,  §  298. 
Duty  of  City  Marshal  in  relation  to,  §  299. 

INSURANCE  AGENTS— 

License  of,  §§  154,  155. 

Penalty,  §  156. 

JAIL— 

What  the,  §  116. 

When  person  committed  unable  to  buy 
food,  etc.,  §  118. 


no 


INDEX. 


Fees  to  be  collected  from  persons  commit¬ 
ted  to,  §  121. 

Attempt  to  escape  from,  §  122. 

What  shall  be  used  for,  §  128. 

Only  for  violations  of  city  laws,  §  132. 

JAILER— 

Where  he  may  live,  §  116. 

Duty  of,  §  117. 

Fees  of,  §  119. 

List  of  prisoners  to  be  furnished  by,  §  120. 

May  procure  balls  and  chains,  when,  §  124. 

When  person  may  be  discharged  by,  §  127. 

Must  report  to  city  council  names  of  per¬ 
sons  discharged  by  him  or  others,  §127. 

What  particulars  his  bill  must  contain, 
§130. 

How  bill  must  be  certified,  §  130. 

What  warrant  of  commitment  must  state, 
before  jailer  shall  receive  a  prisoner, 
§132. 

In  case  of  removal  of,  §  133. 

JAIL  COMMITTEE— 

May  give  permission  to  put  others  but 
certain  prisoners  into  the  city  jail,  §  128. 

Bedding,  etc.,  furnished  alone  on  order  of, 
§128. 

To  visit  jail,  when,  §  134. 

JUDGES— 

Of  election,  §  53. 

Qualifications  of,  §  53. 

Quorum,  §55. 

Of  election  to  make  out  certificate,  §  63. 

Pay  of  judges  of  election,  §72. 

Penalty  for  failure  to  attend  as  such,  §  72. 

Of  election,  have  power  to  preserve  order, 
§58. 

JURY  AND  JURORS— 

Number  of  jury  before  a  police  magistrate, 
§360. 

How  jurors  shall  be  sworn,  §  362. 

In  what  manner  verdict  shall  be  returned, 
§363. 

When  officer  to  summon  jury  kin  of  one 
of  the  parties,  §  361. 

JUSTICES  OF  THE  PEACE— 

(See  Police  Magistrate.) 

LEANING  CERTAIN  ANIMALS  UNFAS¬ 
TENED— 

What  the  penalty  for,  §  267. 

LECTURES— 

Free  from  license,  §191. 


LICENSES— 

When  issued,  §  135. 

How  signed,  §135. 

How  attested,  §  135. 

Not  transferable,  §  136. 

Book  of,  §  136. 

Persons  taking  out,  subject  to  what,  §  137. 
Bonds  for,  by  whom  to  be  approved,  §  137. 

LICENSES,  AMOUNT  OF— 

For  Auctioneers,  §  136. 

For  Bankers  and  Brokers,  §  140. 

For  Billiards,  §  142. 

For  Butchers,  §144. 

For  Draymen,  §  146. 

For  Gunpowder,  §  153. 

For  Insurance  Agents,  §  155. 

For  keeping  store  on  a  boat,  §  195. 

For  Merchants  and  Traders,  §  158. 

For  Organ  Grinders,  §190. 

For  Pawnbrokers,  §  161. 

For  Peddlers,  §168. 

For  Peddling  books,  fruits,  etc.,  §  169. 

For  Pigeonholes,  §  142. 

For  Pin  alleys,  §  142. 

For  Porters,  §  174. 

For  Runners  (hotel),  180. 

For  Runnel's  (steamboat),  §  180. 

For  Saloons,  etc.,  §  183. 

For  selling'  goods  by  sample,  §  188. 

For  shows,  theatres,  etc.,  §  191. 

For  traveling  venders  of  patent  medicines, 
§192. 

For  wharf  boats,  §  193. 

LOCOMOTIVES— 

What  kind  of  chimney  must  have,  §276. 
Bell  of,  to  be  rung,  §  277. 

At  what  speed  to  run  below  20th  street, 
§271. 

How  to  be  run  at  day  time  and  at  night  in 
city,  §275. 

MARKETS— 

Wliat  shall  be  known  as,  §  196. 

What  additional  part  of,  §197. 

When  shall  be  open,  §  214. 

How  closed,  §  215. 

Not  open  on  Sunday,  §  216. 

No  vinous  and  other  liquor  to  bo  sold  at, 
§217. 

Sale  of  vegetables,  chickens,  etc.,  in  any 
part  of  the  city  during  market  hours, 
§218. 

Disturbing  of,  §225. 

No  fire  allowed  in,  §  227. 


INDEX. 


171 


MARKET  MASTER — 

Office  of,  §  23. 

Salary  of,  §  48. 

Duties  of,  §§  198, 199. 

May  establish  rules  and  regulations  for 
market,  $200. 

When  to  sell  market  stands,  §  201. 

May  establish  a  grade  of  prices  for,  §  203. 
To  pay  over  money  arising  from  market  to 
whom,  §204. 

When  may  take  possession  of  stalls,  §207. 
What  articles  may  seize,  §  2^1. 

To  stamp  scalos,  etc.,  used  in  market  and 
city,  §212. 

Weigh  articles,  when  requested,  §212. 
When  he  may  remove  from  market,  §  213. 
Must  ring  bell  at  close  of  market  hours, 
§215. 

Must  keep  place  around  market  cloan, 
§219. 

Special  duty  of,  §  220. 

MARKET  STALLS— 

When  leased,  §  201. 

How  bid  off,  §  203. 

If  payment  not  made  for,  §  204. 

Occupying  stalls  without  authority,  §  205. 
Cannot  be  transferred,  §  206. 

When  not  leased  at  regular  letting,  §  208. 
What  clause  to  bo  in  lease  for,  §  209. 

To  be  painted,  when,  §  210. 

To  be  cleaned,  how,  §  226. 

MAYOR— 

Approval  of  ordinances  by,  §  45,  Art.  Y. 
May  call  meeting  of  council,  when,  §  2. 
Salary  of,  §39. 

Salary,  how  fixed,  §  7,  Art.  III. 

Additional  salary  of,  §  39. 

Oath  of,  §  12,  Art.  H. 

Additional  oath  of,  §  7,  Art.  III. 

May  appoint  police  constables,  §  28. 

May  establish  police  regulations,  §  30. 

May  appoint  special  police  at  election,  §  57. 
Chief  engineer  of  firo  department,  §  85. 
Has  supreme  control  at  fires,  §  88. 
Disobeying  orders  of,  at  fires,  §§  89,  91. 
May  grant  permission  to  fire  company  to 
leave  city  temporarily  with  apparatus, 
§90. 

What  his  duty  in  relation  to  the  fire  lim¬ 
its,  §105. 

To  give  information  of  state  of  city  to  the 
city  council,  §7,  Art.  III. 

Who  may  be,  §  2,  Art.  III. 

Chief  executive  officer,  §  1,  Art.  III. 

In  case  he  removes,  §  3,  Art.  III. 


In  case  of  death  of, pro  tem.,  §16,  Art.  III. 

Officers  must  show  books  to,  when  re¬ 
quired,  §  18,  Art.  III. 

Chairman  of  council,  §  17,  Art.  III. 

If  corrupt,  or  negligent,  §  19,  Art.  III. 

May  designate  porson  to  visit  the  city  jail, 
§127. 

May  allow  other  hut  certain  prisoners  to 
be  put  in  city  jail,  §  128. 

May  demand  to  see  pawnbroker’s  book, 
§164. 

May  prohibit  tho  running  of  dogs  at  largo, 
when,  §252. 

May  shut  up  certain  houses,  §  282. 

May  allow  boat  with  an  infectious  disease 
on  board  to  land,  §  295. 

To  call  meeting  of  the  city  council  when 
assessment  list  returned,  §  325. 

To  sign  all  deeds  executed  by  tho  city, 
§338. 

Notice  and  process  on  the  city  to  be  served 
on,  §359. 

Where  shall  reside,  §  15,  Art.  III. 

May  suspend  officers,  §  6. 

MEETINGS  OE  CITY  COUNCIL— 

When,  §  1. 

Number  of,  §14,  Art.  II. 

MERCHANTS  AND  TRADERS— 

License  of,  §  158. 

If  stock  not  assessed,  §  157. 

Penalty  for  neglect  to  procure  license, 
§158. 

MINORS— 

Cannot  pawn,  §  165. 

MUSEUMS— 

License  for,  §  191. 

NAME— 

What  shall  be  of  city,  §  1,  Art.  I. 

NOTICE— 

Of  process  against  city  to  be  served  on 
mayor,  §  359. 

Of  meeting  of  council,  §  1. 

To  owner  of  tenement  of  bawdy  house 
being  kept  therein,  §  236. 

Officer  to  have  five  days,  of  intended  re¬ 
moval,  §  6. 

NUISANCES— 

Fence  on  a  street,  §  229. 

Privies,  when,  §  231. 

Bringing  dead  animals  into  tho  city, 
§232. 

Houses  of  ill  fame,  §  233. 


0 

172  INDEX. 


Duty  of  city  marshal  and  police  constable 
in  relation  to,  §  235. 

Rotten  houses  declared  to  be,  §  237. 

Dogs,  when  deemed,  §  250. 

OFFICE— 

Who. eligible  to,  in  city,  g  20,  Art.  III. 
OFFICERS— 

What  city  officers  shall  be  elected,  §1, 
Art.  IV;  §4. 

For  what  term,  g  4. 

When  to  deliver  up  books  and  papers,  g5. 
Removal  of,  g  6. 

Number  of,  g  8,  Art.  III. 

Bonds  of,  g  8,  Art.  III. 

How  appointed,  g  9,  Art.  III. 

Where  shall  reside,  g  15,  Art.  III. 

Police,  making  arrests  to  report  the  same 
to  city  council,  g  126. 

Of  city  conservators  of  the  peace,  gll, 

Art.  VII. 

ORDINANCES— 

How  may  be  proved,  g  10,  Art.  V. 

Within  what  time  to  be  published,  g  9, 
Art.  V. 

Style  of,  g  8,  Art.  V. 

How  long  to  remain  in  force,  go,  Art.  VII. 

ORGAN  GRINDERS— 

License  of,  g  191. 

Penalty  for  violations  of  section,  g  191. 

PAWNBROKERS— 

Who  are,  gl60. 

License  for,  g  161. 

Bond  of,  g  161. 

Register  of,  g  162. 

To  keep  book  in  which  property  pawned 
to  be  described,  gl63. 

If  requested,  to  produce  book,  when,  g  164. 
Not  to  receive  pawn  from  minor,  g  165. 
Violations,  how  fined,  gg  159, 163, 164,  165. 

PAUPERS— 

When  city  to  provide  for,  g  1,  Art.  VII. 

PEDDLERS— 

Who  deemed,  g  166. 

License  of,  g  168. 

Bond  of,  g  168.3 

License  to  peddle  books,  prints,  etc.,  g  169] 
When  guilty  of  fraud,  g  170. 

If  exercising  business  with  a  vehiclo,  g  172. 
Penalties,  gg  167, 170, 172. 

PERSONAL  PROPERTY— 

May  be  levied  on  for  taxes,  g  331. 

PETITIONS— 

In  relation  to  rotten  houses,  g  237. 


PHYSICIANS — 

May  bo  appointed  to  examine  steamboat, 
g  296. 

Steamboat  captain  concoaling  infected  per¬ 
sons  from,  g  297. 

To  give  noticev of  infected  persons  known, 
g  302. 

PICKPOCKETS— 

How  fined,  g  287. 

PIN  ALLEYS— 

License  for,  g  242. 

For  violations  of  section,  what  the  pen¬ 
alty,  §  143. 

POLLS— 

When  to  be  opened,  §  61, 

Where,  §  73. 

POLICE— 

What  shall  be,  §  24. 

(See  City  Marshal.) 

(See  Police  Constables.') 

POLICE  CONSTABLES— 

How  appointed,  §  24. 

When  and  by  whom,  §  28. 

Duties  of,  §  251. 

Powers  of,  §  26. 

County  constables  are,  §  27. 

Bonds  of,  §  29. 

Resistance  to,  §  31. 

Disobedience  to,  §  32. 

To  serve  notice  on  aldermen  of  meeting, 
11- 

Pay  of,  §  44. 

Fees  of,  §  45. 

Must  obey  judges  of  election,  when,  §  58. 

Duties  of  at  fires,  §  94. 

To  take  prisoner  to  police  magistrate  at 
once,  §  125. 

May  demand  to  inspect  pawnbrokers’ 
books,  §  164. 

Special  duty  of  in  relation  to  markets, 

§220. 

Duty  in  relation  to  gunpowder,  §  264. 

If  they  neglect  duty  in  relation  to  gun¬ 
powder,  §  265. 

To  make  a  written  statement  of  cause  of 
arresting  persons,  §  248. 

Duty  of  in  relation  to  streets,  §  382. 

POLICE  MAGISTRATES— 

To  report  fines  collected  to  city  council, 
§126. 

Must  report  to  city  council  number  of 
persons  discharged  from  and  committed 
to  jail,  §  126. 

Duty  in  relation  to  bawdy  houses,  §  236. 


INDEX 


173 


ft 


Shall  issue  warrant  for  broach  of  any  or¬ 
dinance,  §  346. 

Shall  enter  upon  their  dockets  cause  of 
arrest,  §  348. 

What  the  mittimus,  etc.,  of  justice  of  the 
peace  shall  state,  before  jailor  allowed 
to  accept  prisoner,  §  132. 

May  take  bail  from  prisoners,  §  349. 

If  prisoner  fail  to  appear,  bond  to  be  for¬ 
feited,  §  350. 

In  case  of  appeal  to  make  a  full  tran¬ 
script,  §  352. 

When  defendant  fails  to  appear,  may  hear 
and  examine  cause  and  enter  judgment, 
§  354. 

Judgments  by  default  may  be  entered  and 
set  aside  by,  §  355. 

May  issue  attachment  for  witnesses,  §  356. 

Depositions  may  be  read  before,  §  357. 

May  order  commitment  of  prisoner,  §  365. 

State  laws  to  govern,  §  367. 

May  take  recognizances  for  fines,  §  369. 

Suits  for  the  recovery  of  fines  under  city 
ordinances  and  penalties,  must  be  insti¬ 
tuted  before,  §  368. 

Fines  to  be  paid  into  city  treasury,  §  15, 

Art.  VII. 

POISON— 

Must  be  marked,  how,  §  270. 

POLICE  REGULATIONS— 

In  relation  to  awnings,  §  278. 

Bawdy  houses,  §  239. 

Birds,  |  340. 

Carrying  concealed  weapons,  §  241. 

Cruelty  toward  animals,  §  242. 

Disturbances  of  neighborhood,  §  243. 

Disturbances  caused  by  using  obscene 
language,  §  244. 

Disturbing  any  congregation,  §  245. 

Disturbing  church,  school,  etc.,  §  246. 

Firing  musket,  etc,,  §  247. 

Driving  on  sidewalks,  §  248. 

Dogs,  §|  249,  250,  251,  252,  253,  254,  255. 

Drunkenness,  §  256. 

False  weights  and  measures,  §  257. 

Gaming  houses,  §  258. 

Gamblers,  §  259. 

False  alarms,  §  260. 

Gunpowder,  §§  261,  262,  263,  264,  265. 

Hitching  posts,  §  266. 

Leaving  team  unfastened,  §  267. 

Indecent  conduct,  §  268. 

Fast  driving,  §  268. 

Meeting  of  vehicles,  §  269. 

Prison,  |  270. 


Railroads,  §§  271,  272,  273,  274,  275,  276, 
277.' 

Scaffolds,  278. 

Selling  goods  on  Sunday,  §  276. 

Selling  diseased  meats,  §  280. 
Selling'unwholcsomo  meats,  §  281. 
Shutting  up  certain  houses,  §§  282,  283. 
Fees,  §  284. 

.  Vagabonds,  §§  285,  286,  287. 

Vaults  and  areas,  §§  288,  289,  290. 

Wells,  |  291. 

Wearing  badge  of  poliee,  §  292. 

Wearing  garments  of  other  sex,  §  293. 
Whistling  of  steamboats,  §  294. 

PRISONERS— 

To  be  taken  before  tho  polico  magistrate 
at  once,  §  125. 

Names  of,  must  be  given,  when,  §  126. 

May  be  admitted  to  bail,  §  349. 

If  prisoner  cannot  give  bail,  §  350. 

PRIVIES— 

Every  house  must  have,  §  230. 

How  and  where  to  be  built,  §  230. 

Kept  so  near  what,  as  to  be  offensive,  §  231. 

PUBLIC  HEALTH— 

Bringing  persons  infected  to  city,  §  295. 
Yellow  fever,  cholera,  etc.,  §  296. 

Persons  sick  with  epidemic  disease,  etc., 
to  remain  where,  §297. 

City  marshal  to  post  notices  in  regard  to, 
where,  §  298. 

Physicians  may  be  appointed  to  examine 
steamboats,  etc.,  §  296. 

If  steamboat  captain  conceal  a  person 
with  infectious  disease,  §  301. 

Physicians  to  give  notice  of,  to  whom, 
§  302. 

Board  of  Health  may  establish  an  hospi¬ 
tal,  §  303. 

PUBLIC  WORKS— 

How  to  be  carried  on,  §  304. 

Board  of,  §  304. 

Members  of  board  not  to  be  interested  in 
any  contract,  §  307. 

When  appointed,  §  305. 

When  board  shall  organize,  §  306. 

Within  what  time  those  appointed  shall 
accept  position  as  members  of,  §  308. 
Board  to  give  notice  of  intended  filling, 
grading,  etc.,  etc.,  §  309. 

To  advertise  for  proposals  of  work,  §  309. 
Owners  of  lots  may  do  their  own  work, 
within  what  time,  §  310. 


174 


INDEX. 


Copies  of  contracts  to  be  submitted  to 
city  council,  etc.,  when  assessment  will 
be  made,  §  311. 

How  collection  of  assessments  to  be  made, 
§311. 

Chapter  on  “  Revenue,”  to  apply  how, 
for,  §  312. 

Fund  arising  from  assessments  to  be  a 
special  fund,  §  313. 

hoard  of  Public  Works  to  decide  on  the 
pi'oper  pei’formance  of  work,  §  314. 

If  assessment  is  insufficient,  §  315. 

Resistance  to  Board  of  Public  Works,  §  316. 

PUBLICATIONS— 

Of  the  proceedings  of  the  city  council,  in 
what  paper  to  be  made,  §  9,  Art.  II. 

QUARANTINE— 

May  be  required,  when,  §  296. 

QUORUM— 

What,  of  aldermen,  §  7,  Art.  II. 

Of  judges  of  election,  §  55. 

Of  board  of  public  works,  §  304. 

RECOGNIZANCE— 

May  be  taken  by  police  magistrates  for 
fines,  §  369. 

RECOVERY  OF  FINES  AND  PENALTIES— 

Before  whom  suit  shall  bo  begun  for,  §  342. 

What  the  first  proceeding  for,  §  343. 

No  action  dismissed  for  want  of  form, 
§  344. 

Within  what  time  summons  to  be  return¬ 
ed,  §  345. 

Police  magistrates  shall  issue  warrants, 
when,  §  346. 

Continuances  must  be  made,  when,  §  352. 

In  case  of  appeal,  police  magistrate  to 
make  full  transcript,  §  352. 

When  defendant  fails  to  appear,  cause 
may  be  heard,  and  judgment  entered, 
§  354. 

Depositions  may  be  read  before  police  ma¬ 
gistrates,  §  357. 

Respectable  females  not  required  to  ap¬ 
pear  before  police  magistrates,  §  358. 

Jury,  §  360. 

How  jury  summoned  in  certain  cases, 
§361. 

How  j  ury  sworn,  §  362. 

How  verdict  of  jury  shall  be  returned, 
§  363. 

When  prosecutor  may  be  adjudged  to  pay 
costs,  §  364. 

When  execution  shall  be  issued,  §  365. 

General  state  laws  to  apply  to,  §  367. 


Defendant  may  be  imprisoned, when,  §  469  ; 
g  14,  Art.  VII. 

Defendant  may  be  required  to  work  on 
streets,  §  123. 

Before  whom  suits  for  shall  be  begun, 
§  368. 

Recognizance  for  fines  may  be  taken, 
§  368. 

In  what  name  to  be  instituted,  g  4,  Art. 
VII.;  £12,  Art.  XII. 

Appeals  allowed,  §  8,  Art.  VII. 

Summons  first  proceeding,  unless,  £  13, 
Art.  VII. 

When  execution  may  issue,  £  4,  Art'.  VII. 

Fines  to  be  paid  into  city  treasury,  £  15, 
Art.  VII. 

REMOVAL  FROM  OFFICE— 

Of  Mayor,  when,  £  19,  Art.  III. 

How  effected,  £  6. 

RESIDENCE— 

Of  mayor  and  others,  £  12,  Art.  III. 

Of  aldermen,  £  4,  Art.  II. 

REVENUE— 

City  may  collect,  £  1,  Art.  VI. 

How,  £  1,  Art.  VI. 

Whon  assessment  lists  shall  be  returned, 
£  2,  Art.  VI. 

When  collector  and  assessor  shall  assess 
property,  £  317. 

Assessor  and  collector  may  demand  list  of 
property,  £  318. 

If  lists  of  refused,  £  319. 

If  owner  of  unknown,  £  320. 

If  property  not  assessed  in  a  previous 
year,  £  321. 

When  assessment  must  be  made,  £  322. 

When  assessment  lists  returned,  council 
to  meet  and  correct  errors,  £  323,  Art. 
VI. 

How  long  notice  of  said  meeting  must  be 
published,  §  224. 

Assessor  and  collector  to  attend  such 
meeting,  §  324. 

Persons  aggrieved  to  appeal  at  such  meet¬ 
ing,  §  325  ;  §  42,  Art.  VI. 

Appeals  disposed  of  in  a  summary  man¬ 
ner,  §  226. 

When  list  corrected  and  confirmed  levy 
may  be  made,  §  227  ;  §  3,  Art.  VI. 

City  clerk  how  to  record  list,  §  328. 

How  collector  shall  collect,  §  329. 

To  whom  he  shall  pay,  §  329. 

What  notice  shall  be  given  by  assessor  and 
collector,;!  330;  §  8,  Art.  VI. 


INDEX. 


175 


If  payment  of  taxes  not  made,  §331  ;  §  8. 
Art.  VI. 

To  apply  for  judgment  against  delinquents, 
when,  g  8,  Art.  VI. 

How  assessor  and  collector  shall  adver¬ 
tise  delinquent  premises,  g  8,  Art.  VI. 

Warrants  for  collection  of,  how  signed, 
g  6,  Art.  VI. 

Taxes  a  lien  on  real  estate  and  personal 
estate,  how  long,  §  4,  Art.  VI. 

Assessor  and  collector  to  make  out  a  du¬ 
plicate  list  of  sales,  §  333. 

Lands  forfeited  for  taxes  may  be  carried 
forward,  §335. 

Right  of  redemption,  §336;  §  11,  Art.  VI. 

To  whom  redemption  money  to  be  paid, 
§337. 

If  land  not  redeemed,  doed  may  be  exe¬ 
cuted  by  order  of  city  council,  §  338  ; 
§  11,  Art.  VI. 

Deed  may  be  made  to  the  holder  of  the 
certificate,  §  339  ;  §  12,  Art.  VI. 

In  what  money  taxes  shall  be  paid,  §  340. 

“Revenue”  chapter  to  apply  to  the  assess¬ 
ment  and  collection  of  “assessments,”  § 
7,  Art.  VI ;  §  341. 

May  be  collected  by  distress,  when,  §  6, 

Art.  VI. 

If  no  bid  made  for  land  at  a  tax  sale,  §  13, 
Art.  VI. 

Tax  deeds  prima  facie  evidence  of  what, 
§  14,  Art.  VI. 

RULES  OE  BUSINESS— 

What  the,  in  city  council,  §  3. 

RUNNERS— 

License  necessary  for,  §  176. 

Must  wear  a  badge,  §  177. 

No  other  person  to  wear  badge,  §  178. 

If  boisterous,  tumultuous,  etc.,  §179. 

What  license  for,  g  180. 

Proviso  in  favor  of  hotel  keepers,  §  180. 

SALARIES— 

Of  mayor,  $39. 

Of  city  clerk,  §  40. 

Of  city  marshal,  §  44. 

Of  police  constables,  §  44. 

Of  Capt.  night  police,  §  44. 

Of  city  engineer,  §  46. 

Of  city  comptroller,  g  47. 

Of  market  master,  §  48. 

Of  harbor  master,  §  49. 

Of  Aldermen,  g  50. 

Of  fire  wardens,  g  51. 

SALOONS— 

(See  Groceries.) 


SAVING  CLAUSE— 

What  the,  §  396. 

SEAL— 

To  be  attached  to  deed  made  by  city,  §  339 
What  shall  be,  §  370. 

SHOWS— 

License  for,  §  191. 

SELLING  DISEASED  AND  UNWHOLE¬ 
SOME  MEATS— 

Penalty  for,  §  280. 

Boar’s  meat,  etc.,  etc.,  §  281. 

SELLING  GOODS  BY  SAMPLE— 

License  for,  §  188. 

For  what  term  license  may  be  taken  out, 
§188. 

Penalty,  §  188. 

SIDEWALKS  AND  CROSSWALKS— 

How  shall  be  constructed,  §  386. 

By  whom  shall  be  ordered,  §  387. 

Under  whose  direction  built,  §  388. 

How  cost  of,  paid,  g  385. 

“Revenue”  chapter  to  apply,  §  390. 

May  be  built  by  owner  of,  when,  §391. 

If  not  done,  who  shall  build,  §  392. 

STEAMBOAT  RUNNERS— 

License  for,  gl80. 

( Vide ,  also,  Runners.) 

STREETS— 

City  council  to  keep  in  repair,  g  11,  Art.  V. 
Removing  earth  from,  g  380. 

No  lumber  to  be  placed  in,  g  381. 

No  decayed  vegetables  to  be  placed  in, 
g  383. 

Levee  street  plankroad  not  to  be  obstruc¬ 
ted,  etc.,  g384. 

No  showcase,  table,  stand,  etc.,  to  be  kept 
on  street,  §  385. 

STREET  LABOR— 

City  council  may  compel,  g  11,  Art.  V. 
Inhabitants  of  city  not  compelled  to  do, 
where,  g  1,  Art.  VI. 

Person  in  city  jail  may  be  compelled  to  do, 
gl23. 

Every  citizen  under  fifty  years  to  do,  g  371. 
Supervisor  to  give  notice  of,  g373. 

Three  days’  labor  required,  g  375. 

Eight  hours’  work,  a  days’  work,  g  376. 
Delinquency,  how  punished,  g  377. 

Money  for,  to  be  paid  in  legal  currency,  to 
whom,  g  378. 


176 


INDEX. 


STREET  SUPERVISOR— 

Shall  bo  appointed;  how,  §  372. 

Duties  ,  of,  §373. 

To  keep  list  of  persons,  liable  to  street  la¬ 
bor,  §375, 

To  furnish  list  of  delinquents  to  city  attor¬ 
ney,  §377. 

To  pay  money  received  into  city  treasury, 
§378. 

SUITS— 

How  and  in  what  name  to  be  instituted, 
§  4,  Art.  VII. 

SUMMONS— 

Within  what  time  shall  be  returned,  §  345. 
Not  issued,  when  person  before  magistrate, 
§348. 

SUNDAY— 

Saloons  to  be  closed,  §  185. 

Markets  not  open,  §  216. 

Selling  goods  on,  §  279. 

TAXES— 

(See  Revenue.) 

TAX  DEEDS— 

(See  Revenue.) 

THEATRES— 

License  for,  how  fixed,  §  191. 

TOWN  OP  CAIRO— 

Property  of,  etc.,  to  belong  to  city,  §§  5,  6, 
Art.  VII. 

Legal  acts  of,  not  invalidated,  §7,  Art.  VII. 

TRAVELING  VENDORS  OP  MEDICINES— 

License  for,  §192. 

Penalty,  §192. 

TREES— 

How  to  be  planted,  §  284. 

TRANSCRIPT— 

In  case  of  appeal,  §  352. 

VACANCIES— 

How  filled,  §  71 ;  §  11,  Art.  IT. 

Of  mayoralty,  §  6,  Art.  III. 

Defaulting  a  cause  of,  §  20,  Art.  III. 

VAGABONDS— 

Who  are,  §  285. 

Further  definition  of,  §  285. 


VAULTS  AND  AREAS— 

Regulations  in  relation  to,  §  288. 

What  portion  of  sidewalk  may  be  occu¬ 
pied,  §  289. 

WARDS— 

Of  city,  §  3,  Art.  I. 

Boundaries  of,  may  be  altered,  §  4,  Art.  I. 
WARRANTS— 

Police  magistrate  shall  issue,  when,  §  346. 
How  it  shall  be  served,  §  347. 

Not  issued  where  person  before  magis¬ 
trate,  §  348. 

For  taxes,  how  made  out,  §  5,  Art.  VI. 

For  the  collection  of  taxes,  by  whom  sign¬ 
ed,  §  6,  Art.  VI. 

For  taxes,  when  to  be  delivered  to  col¬ 
lector,  §  6,  Art.  VI. 

WEIGHTS  AND  MEASURES— 

Market  master  may  seize  articles  not  of 
full  weight,  when,  §  211. 

WEARING  BADGE  OF  POLICE— 

How  punished,  §292. 

WEARING  GARMENTS  OF  OTHER  SEX— 
What  the  fine  for,  §  293. 

WELLS— 

Regulations  relating  to,  §  291. 
WHARFAGE— 

What  amount  of,  for  steamboats,  §  112. 
What  for  flat-boats,  §  113. 

Deductions  made  for  regular  packets, 
§114. 

Fine  if  any  but  city  authorities  collect, 
§115. 

WHISTLING  OF  STEAMBOATS— 
Prohibited  in  harbor,  §  294. 

WITNESSES— 

Attachments  for,  §  356. 

Foes  of,  §  366. 

WOODEN  HOUSES— 

Regulations  in  relation  to,  §  102. 

Shall  not  be  moved  into  fire  limits  of  city, 
§103. 

May  be  repaired,  when,  §  104. 


